“The record before us shows the requisite open, notorious, actual, uninterrupted, exclusive, and hostile possession for 22 years.” —Sweeney, Judge 

Facts: In 2006, Allen and Michelle Loun purchased real property in Kittitas County, Washington. In 2008, Michael and Lynn Whelan purchased adjacent real property south of Louns’ property. A cinder block and wood fence that had been in existence for more than 22 years separated the two properties. In July 2008, Ms. Loun removed the fence. The fence was not situated on the legally described boundary line, but was over the legal lot line by 12.25 feet on the Louns’ property, thus favoring the property owned by the Whelans. The Whelans sued to quiet title in the 12.25-foot strip of land, alleging that they owned the disputed property by adverse possession. At trial, Haberman and Vasquez, the successive prior owners of Whelan’s property since 1986, testified that they considered the fence the lot line. The trial court held that the successive possession of the disputed strip of land by Whelan and his predecessors had been open and notorious, actual and uninterrupted, exclusive, hostile, and had continued for the statutorily prescribed period of 10 years. The court awarded the disputed property to the Whelans by adverse possession. The Louns appealed. 

Issue: Did the Whelans acquire the disputed property by adverse possession? 

Language of the Court: The record before us shows the requisite open, notorious, actual, uninterrupted, exclusive, and hostile possession for 22 years. The Whelans must, of course, rely on the conduct of their predecessors in interest to tack on the necessary period of time for adverse possession. And they did so. The strip of land sat isolated by the fence in favor of the property owners to the south for some 22 years. And the Louns present no evidence that they, or their predecessors, used or occupied any of the land south of the fence line. 

Decision: The court of appeals affirmed the trial court’s grant of adverse possession in favor of the Whelans. 

Ethics Questions: Did the Whelans act ethically in acquiring property by adverse possession? Did Ms. Loun act ethically in removing the fence?