Washington Squatters Rights Guide: Understanding Adverse Possession Laws

From a serial squatter who occupied a $2 million Bellevue mansion for two years—even securing a restraining order that legally barred the rightful owner from coming within 1,000 feet of his own property—to the audacious Airbnb squatter in Seattle's Rainier Valley who forced the legal owner to live out of his van while profiting from unauthorized subletting, Washington State has become ground zero for some of America's most egregious property rights violations.

These shocking cases highlight the legal quagmire created by Washington's complex adverse possession laws, tenant protections, and court backlogs that leave legitimate property owners feeling powerless while unauthorized occupants exploit the system.

Introduction to Squatters' Rights in Washington

• Definition of squatters vs. trespassers in Washington: In Washington, squatters are individuals who occupy property without legal permission but may eventually claim ownership through adverse possession. Trespassers, by contrast, are unauthorized occupants with no legal claim to the property.
• Basic overview of adverse possession in Washington: Washington recognizes two distinct types of adverse possession claims: common law (10-year period) and statutory (7-year period with additional requirements).
• Why property owners should understand these laws: Understanding Washington's squatters' rights helps property owners protect their real property from potential ownership claims and navigate the complex legal process for removing unauthorized occupants.
• Historical purpose of adverse possession laws: These laws historically encouraged productive use of land and resolved boundary disputes, but they can create challenges for modern property owners.

Squatter Snippet: Real Case from Washington

In 2022, Bellevue property owner Jaskaran Singh returned from a business trip to discover a family had moved into his $2 million rental home. The occupants, Sang Kim and his family, paid rent for the first month or two before stopping payments completely. Despite Singh winning three eviction cases, the squatter remained in the property for nearly two years, accumulating approximately $80,000 in unpaid rent.

Even more shocking, Kim filed a Temporary Protection Order against Singh, legally barring the rightful owner from coming within 1,000 feet of his own property. This case illustrates why it's crucial for property owners to understand Washington's squatter laws and act quickly when unauthorized occupants are discovered.

Key Timeline: Statutory Period in Washington

• Required occupation period: 10 years for common law adverse possession in Washington
• Reduced statutory period: 7 years if the squatter has "color of title" and has paid all property taxes
• Continuous possession requirement: Occupation without significant gaps
• Comparison with neighboring states:
  • Oregon: 10 years
  • Idaho: 20 years
  • Montana: 5 years with color of title and payment of taxes
• Timeline exceptions:
  • Military service
  • Incarceration
  • Legal incompetence/disability

CHART: Adverse Possession Timeline Comparison

Quick Guide for Property Owners

Washington property owners face significant challenges with squatters, as demonstrated by recent high-profile cases like the $2 million Bellevue home occupied for two years without rent payment.

While Washington's 10-year adverse possession period is longer than some states, the state's tenant-friendly laws can make removing unauthorized occupants difficult. Particularly shocking is that Washington courts do not consider whether squatters acted in good or bad faith when evaluating adverse possession claims - meaning someone who knowingly trespasses can potentially gain legal ownership.

• Know your timeline: Squatters can claim rights after 10 years of continuous occupation (or 7 years with color of title and tax payments)
• Documentation matters: Keep property records, tax receipts, and inspection logs
• Regular monitoring required: Vacant properties are most vulnerable to unauthorized occupation
• Legal obligation: Self-help eviction methods are illegal in Washington
• Act quickly: The longer squatters remain, the stronger their potential claim
• Proper notices: Follow legal procedures when removing unauthorized occupants

Prevention: Protecting Your Property

Washington's diverse geography creates unique challenges for property owners. The western side's heavy rainfall and dense vegetation can accelerate deterioration of vacant properties and obscure evidence of encroachment, while eastern Washington's open spaces may make property boundaries less obvious without clear markings.

Urban areas in Washington experience more formalized squatting in vacant homes or apartments, while rural areas may face boundary encroachments from neighboring property owners. Rising housing costs throughout the state have increased motivation for squatting and unauthorized occupation.

• Regular inspections:
  • Visit property at least monthly
  • Document each visit with photos/notes
• Effective security measures:
  • Secure all entry points
  • Consider alarm systems
  • Install motion-activated lighting
• Clear signage:
  • Post "No Trespassing" signs visibly
  • Mark property boundaries clearly
• Property management options:
  • Hire professional management for vacant properties
  • Consider rental options for long-term vacancies
• Documentation practices:
  • Keep tax payment records
  • Maintain utility connections
  • Take dated photographs regularly

CHART: Property Risk Assessment Matrix

Removing Squatters: Step-by-Step Process

Washington State provides a unique criminal process for removing squatters that differs from standard tenant eviction procedures. Property owners can use a declaration form according to RCW § 9A.52.115, which allows for potential law enforcement intervention without requiring the complete civil eviction process. This can be significantly faster than regular tenant evictions, which typically take approximately three weeks.

However, illegal self-help eviction methods remain strictly prohibited under RCW 59.18.290, with significant penalties including actual damages, costs of legal action, and reasonable attorney fees.

1. Document the situation:
   • Take photos/video of occupation
   • Gather ownership documents
2. Complete a declaration form under RCW § 9A.52.115
   • Submit to law enforcement requesting investigation
   • Affirm ownership of the property
   • Confirm the occupant lacks permission
   • Verify the property wasn't abandoned
3. Allow law enforcement to investigate
4. If necessary, proceed with formal eviction:
   • Issue proper written notice to vacate
   • File appropriate legal complaint
   • Attend court hearing
5. If successful, obtain order of restitution/eviction
6. Sheriff enforces removal, not property owner

• What NOT to do:
  • Do not change locks yourself
  • Do not shut off utilities
  • Do not remove squatter's belongings
  • Do not threaten or intimidate
  • Do not use physical force
• Timeline expectations:
  • Declaration process: Potentially immediate removal if law enforcement confirms squatter status
  • Court processing (if needed): Several weeks to months depending on court backlog
  • Eviction enforcement: After court order is issued

CHART: Eviction Process Timeline

[Discovery of Squatter] → [Documentation: 1-2 days] → [Declaration Form Filing: 1 day] →
[Law Enforcement Investigation: Variable] → [If squatter confirmed, removal may occur] →
[If tenant status claimed: Notice to Vacate: Varies] → [Court Filing: 1 day] → 
[Waiting for Hearing: Weeks to months] → [Court Hearing: 1 day] →
[If successful, Wait for Order: days to weeks] → [Sheriff Enforcement: days to weeks] → [Property Returned]

Washington's eviction timeline can vary significantly based on court backlogs and the specific circumstances of each case. As of 2024, some property owners reported waiting months for court hearings due to overwhelmed housing courts.

The declaration process under RCW § 9A.52.115 offers a potentially faster resolution path by allowing law enforcement to remove confirmed squatters without a full court process. However, if the occupant claims tenant status or presents documentation suggesting a lease agreement, property owners may need to pursue the longer civil eviction process.

Total estimated timeline: Days to months, depending on circumstances

Legal Requirements for Adverse Possession

Washington courts use the "OCEAN" framework to evaluate adverse possession claims, with each element required for the entire statutory period. Unlike some states, Washington does not consider whether the adverse possessor acted in good or bad faith, meaning even someone who knowingly trespasses on another's property can potentially gain legal ownership if all requirements are met for the statutory period.

Washington maintains both common law (10-year) and statutory (7-year) adverse possession paths, with the shorter period requiring additional conditions including color of title and payment of property taxes.

1. Open Possession
   • Occupation must be visible and obvious to anyone inspecting the property
   • Must be sufficiently noticeable that a property owner conducting reasonable inspections would be aware
   • Courts look for physical indications such as building structures, maintaining the property, or visibly using the land
2. Continuous Possession
   • Uninterrupted possession for the entire statutory period (7 or 10 years)
   • Short-term absences like vacations typically don't interrupt continuity
   • Any abandonment or significant departure can reset the statutory period
3. Exclusive Possession
   • Claimant must maintain sole control over the property
   • Must actively exclude others, establishing dominion over the property
   • Cannot share control with others, including the true owner
4. Adverse/Hostile Claim
   • Possession must occur without the owner's permission
   • "Hostile" legally indicates that the possession infringes on the true owner's rights
   • Any permission from the true owner defeats an adverse possession claim
5. Notorious Possession
   • Occupation must be widely apparent
   • Must be obvious to casual observers that someone is occupying the property
   • Courts look for visible signs of occupancy, property improvement, or development

CHART: Adverse Possession Requirements Matrix

Frequently Asked Questions

• "Can I remove squatters myself?"
  • No, self-help eviction is illegal in Washington
  • Must follow legal eviction process or declaration procedures
• "Do squatters have to pay property taxes?"
  • For standard 10-year adverse possession claims, no
  • For reduced 7-year claims, yes - tax payment is required
• "What's the difference between a squatter and a trespasser?"
  • Trespassers: Short-term unauthorized presence
  • Squatters: Ongoing occupation with potential adverse possession claim
• "Who should I contact first - police or sheriff?"
  • For immediate safety concerns: Police
  • For eviction enforcement: Sheriff
  • For squatter declaration process: Local law enforcement
• "Can squatters claim abandoned property?"
  • Yes, if all adverse possession requirements are met
  • Abandonment may actually strengthen their claim
• "How quickly can I evict a squatter?"
  • Using declaration process: Potentially days if confirmed as squatter
  • Using civil process: Weeks to months depending on court backlog
  • Factors affecting timeline: squatter vs. tenant status, court schedule, evidence quality

CHART: Decision Tree for Property Owners

Washington's declaration process provides a unique path for addressing unauthorized occupants that differs from many other states. Law enforcement can investigate and potentially remove squatters immediately upon receiving a declaration form, but this only applies to true squatters, not individuals who might qualify as tenants.

The distinction between criminal trespass and civil squatting/tenancy is critical in determining the appropriate response path.

Discovered Someone on Your Property
├── Emergency/Dangerous Situation? → Yes → Call Police
│   └── No ↓
├── Recent Entry (Less than 24 hours)? → Yes → Call Police (Trespasser)
│   └── No ↓
├── Evidence of Established Occupation? → Yes → Consider Declaration Process (RCW § 9A.52.115)
│   └── No ↓
├── Declaration Process Unsuccessful? → Yes → Proceed with Legal Eviction Process
│   └── No ↓
└── Uncertain Situation → Consult Attorney Before Taking Action

Recent Legislative Changes in Washington

House Bill 2140 was introduced in the 2023-2024 Regular Session with the title "Modifying laws related to adverse possession to protect legal owners of property." This Republican-sponsored bill aimed to strengthen protections for legal property owners against adverse possession claims. However, the bill did not advance beyond committee discussions and was listed as "dead" as of January 31, 2024.

The continuing tension between property owner rights and tenant protections remains an active political issue in Washington State, with recent high-profile cases like the Bellevue squatter situation bringing increased attention to potential legislative reforms.

• Recently Considered Laws:
  • House Bill 2140: Proposed in 2023-2024 session to modify adverse possession laws
  • Impact intended: Strengthen protections for legal property owners
  • Status: Did not advance beyond committee, listed as "dead" as of January 2024
• Legal Enforcement Trends:
  • Declaration process (RCW § 9A.52.115) provides faster path for confirmed squatter situations
  • Growing use of Temporary Protection Orders by squatters to prevent property owner access
  • Increasing concerns about "serial squatters" who strategically exploit legal processes
• Legislative Trends:
  • Tension between strengthening property owner protections and expanding tenant rights
  • Local ordinances affecting landlord-tenant relationships, such as Tacoma's "Measure 1"
  • Debate over use of taxpayer funds for housing assistance programs

State-Specific Considerations

• Color of Title in Washington:
  • Definition: Documentation purporting to convey title, though legally deficient
  • Impact on statutory period: Reduces from 10 years to 7 years (if taxes also paid)
  • Documentation requirements: Must trace claim to some form of title document
• Burden of proof requirements:
  • Squatter must prove all elements of adverse possession
  • Evidence standards in Washington courts focus on objective evidence
  • Good faith or bad faith of squatter not considered
• Housing Justice Project controversy:
  • Nonprofit organization providing legal assistance to tenants
  • Controversial intervention in high-profile squatter cases
  • Use of taxpayer funds to support non-paying occupants
• How Washington differs from neighboring states:
  • Dual framework with both 10-year and 7-year pathways
  • Declaration process for law enforcement intervention without full court process
  • No consideration of good/bad faith for adverse possession claims

CHART: Washington vs. Neighboring States Comparison

Advanced Legal Process

• Washington courts do not consider whether the adverse possessor genuinely believed they owned the land or knew they were trespassing
• Property owners must follow strict procedures when removing squatters to avoid potential liability
• The declaration process under RCW § 9A.52.115 requires specific affirmations about the property and occupants
• Property owners may need to pursue separate monetary judgments for damages
• Washington prohibits self-help eviction methods under RCW 59.18.290
• Occupants removed illegally may recover actual damages, costs of legal action, and reasonable attorney fees

Real-World Examples

The Bellevue Mansion Case (2022-2024)

• Timeframe: August 2022 - April 2024
• Property: $2 million home in Bellevue, Washington
• Parties Involved: Homeowner Jaskaran Singh and squatter Sang Kim
• Circumstances: Kim paid one month's rent, then ceased payments while continuing to occupy the property
• Legal Actions: Singh won three eviction cases but faced extended delays in enforcement
• Unusual Twist: The Housing Justice Project compensated Kim for unpaid rent totaling $88,000
• Outcome: After two years, the Kims were finally evicted from the property
• Lessons: Demonstrates how tenant protections can be exploited and the significant delays possible in the legal system

The Airbnb Squatter Case (2023)

• Property Owner: Jason Roth, aircraft mechanic's apprentice
• Property: Home in Seattle's Rainier Valley neighborhood
• Situation: Tenant stopped paying rent but listed the basement on Airbnb for $150/night
• Financial Impact: Approximately $33,400 in back rent, utilities, and late fees by October 2023
• Owner Consequences: Roth forced to live in his van while squatter profited from his property
• Resolution Steps: Airbnb removed unauthorized listing after situation came to light
• Lessons: Illustrates potential for abuse within short-term rental market and challenges of balancing tenant protections with homeowner rights

Resources

• Current Washington Squatters Rights Laws:
  • Revised Code of Washington (RCW): https://app.leg.wa.gov/RCW/
  • Washington State Legislature: https://leg.wa.gov
  • Last updated: Continuously updated with current statutes
• Recent/Pending Legislation:
  • Washington State Legislature: https://leg.wa.gov
  • House Bill 2140 (2023-2024): Did not advance beyond committee

Legal Disclaimer

DISCLAIMER: The information provided in this guide is for general informational purposes only and should not be construed as legal advice on any subject matter. The content contained herein does not establish an attorney-client relationship.

This guide about Washington squatters' rights and adverse possession laws is intended to provide general information and should not be relied upon as legal advice. Laws and regulations regarding property rights, adverse possession, and eviction procedures vary by jurisdiction and may change over time. The information presented here may not reflect the most current legal developments or address your specific situation.

No reader should act or refrain from acting based on information in this guide without first seeking professional legal advice. Property owners dealing with squatters should consult with a qualified attorney licensed to practice in their jurisdiction for advice tailored to their particular circumstances.

The authors, publishers, and distributors of this guide expressly disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this document. They shall not be responsible for any errors or omissions in this information or any consequences arising from its use.

This guide is provided "as is" without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

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