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eBook details

• Title: Krona V. Brett
• Author : Department Two Supreme Court of Washington
• Release Date : January 16, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Plaintiffs appeal from dismissal of an action to quiet title by adverse possession under the 10-year statute, RCW 7.28.010, to a tract of land 50 feet in length and 2.85 feet in width located between plaintiffs' and defendant's dwellings. The parties' properties are adjoining rectangular lots, each approximately 50 by 60 feet. A home is constructed on each lot facing the western (street) boundary. When plaintiffs acquired their property in 1923, a wooden lattice fence extended from the eastern (rear) boundary to within approximately 13 feet of the street boundary, serving to separate their property from the adjoining property. At the time of purchase, they were informed by a real-estate man and by an attorney who had made a title search that this fence constituted the boundary line. In 1932, plaintiffs constructed a concrete block wall running from the eastern boundary for a distance of approximately 10 feet along the true boundary line and thus parallel with and approximately 3 feet north from the original fence. They testified that this wall was intended as a bulkhead or retaining wall for a fish pond located in the southeast portion of their lot, was not intentionally placed along what later proved to be the true boundary line, and that the wall was so constructed in order to provide a space in which a compost heap could be concealed from the rest of their property.

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