Squatters Rights in Washington: 10-Year Adverse Possession Law
Washington requires 10 years of possession, reduced to 7 years for claimants with color of title who pay property taxes for that period. A 2024 law tightened the documentation and continuous-possession requirements for adverse possession claims; a further 2025 bill to authorize immediate law-enforcement removal remained pending as of the most recent available research.
Last reviewed July 8, 2026 — statutes and case law independently verified against official sources
Washington vs Neighboring States: Quick Comparison
- Statutory Period
- 10 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Standard process
- Statutory Period
- 10 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 20 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
Data verified for 2026. Laws subject to change, verify with official state statutes.
The Path to Adverse Possession in Washington
A visual summary of what a claimant must complete, start to finish.
How Adverse Possession Works in Washington
To claim ownership of property through adverse possession in Washington, a claimant must possess the land for 10 years while meeting the legal requirements established under state law. A shorter 7-year track is available for claimants who pay property taxes and, where required, hold color of title.
Legal Basis and Statutory Period
Washington’s adverse possession law is codified under Wash. Rev. Code §§ 4.16.020, 7.28.070; HB 2536 of 2024. The standard statutory period is 10 years of continuous, open, and hostile possession.
Property Tax Requirements
A shorter 7-year period applies to claimants who hold color of title and pay property taxes for that period. Without both, the standard period is 10 years.
Color of Title Rules
Color of title is not required for the standard 10-year claim, but is required (with tax payment) for the shorter 7-year track.
Key Legal Requirements
- Actual possession
- Open and notorious possession
- Hostile possession
- Exclusive possession
- Continuous possession for 10 years (7 years with color of title and tax payment)
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Recent Law Changes in Washington
2024: House Bill 2536 tightened requirements around the continuous-possession period and the documentation needed to support an adverse possession claim. A separate measure, Senate Bill 5250 (2025-2026 session), would authorize law enforcement to remove squatters without delay, but remained in committee (reintroduced and retained in present status as of January 2026) rather than enacted as of the most recent available research.
Washington Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Washington, a claimant typically must:
- File a quiet title action in the superior court of the county where the property is located
- Provide evidence meeting either the 10-year requirement under RCW 4.16.020 (no color of title needed), or the 7-year requirement under RCW 7.28.070 (with good-faith claim and color of title, plus payment of all legally assessed taxes for all 7 years)
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Present evidence such as witness testimony, photographs, surveys, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county auditor's office to establish clear title to the property. Under Gorman v. City of Woodinville, title vests automatically once the statutory elements are met on privately held land, and a later transfer of the land to a government entity does not defeat an already-completed adverse possession claim.
Defending Against Squatters
Washington property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Keeping property tax payments current
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Washington provides property owners with several options for removing unauthorized occupants:
- Serve a written 3-day notice to vacate on the occupant under RCW 59.12.040
- If the occupant does not leave, file a complaint for unlawful detainer in the superior court of the county where the property is located, under RCW 59.12.070
- Attend the hearing and obtain a judgment and writ of restitution under RCW 59.12.090 if the court rules for the owner
- Have the county sheriff execute the writ to remove the occupant and restore possession
- Criminal Trespass: request law enforcement assistance under Washington's criminal trespass statutes, RCW 9A.52.070 to 9A.52.090, for occupants who do not claim any tenancy
Washington law prohibits 'self-help' evictions such as changing locks, removing belongings, or shutting off utilities. Washington's 2024 House Bill 2536 amended the unlawful detainer and adverse-possession-adjacent framework to clarify occupants' due-process notice rights while also tightening the conditions for successful adverse possession claims; property owners should confirm current procedural details, since this area of law has been actively changing.
Wash. Rev. Code §§ 4.16.020, 7.28.070; HB 2536 of 2024
View Official State Statute ↗Notable Washington Adverse Possession Cases
Chaplin v. Sanders (1984)
100 Wn.2d 853, 676 P.2d 431 (1984)
The Washington Supreme Court held that a possessor's subjective belief about who owns the land, and any intent (or lack of intent) to dispossess the true owner, are irrelevant to the 'hostility' element. The Court also held that when the true owner has actual knowledge of the adverse use throughout the statutory period, the 'open and notorious' element is necessarily satisfied. This remains Washington's leading case defining hostile possession.
Lamm v. McTighe (1967)
72 Wn.2d 587, 434 P.2d 565 (1967)
In a boundary dispute over a strip of land between two five-acre tracts, the Washington Supreme Court catalogued the doctrines by which adjoining owners can fix a boundary — adverse possession, parol agreement, estoppel, location by a common grantor, and mutual recognition and acquiescence — and upheld the trial court's finding that the parties had mutually recognized and acquiesced in the disputed line for the requisite period.
Gorman v. City of Woodinville (2012)
175 Wn.2d 68, 283 P.3d 1082 (2012)
The Washington Supreme Court held that once a claimant satisfies all elements of adverse possession while land is still privately owned, title vests automatically by operation of law — and the prior owner cannot defeat that already-vested claim by later transferring record title to a municipality. The Court affirmed that Gorman's quiet title claim against the City of Woodinville was not barred by RCW 4.16.160, since the 10-year statutory period allegedly ran while the land was still private property.
Ofuasia v. Smurr (2017)
198 Wn. App. 133, 392 P.3d 1148 (2017)
The Washington Court of Appeals affirmed summary judgment for adverse possession claimants who had continuously maintained the area along the line of an old chain-link fence, holding that the 'actual and uninterrupted' element was satisfied because the record owner offered no evidence that the disputed strip was ever unattended or that the claimants' possession had actually ceased at any point during the statutory period.
Frequently Asked Questions About Washington Adverse Possession
How long must someone occupy my property in Washington to claim adverse possession?
Washington requires 10 years of continuous, open, notorious, exclusive, and hostile possession under RCW 4.16.020, or 7 years if the claimant has good-faith color of title and has paid all legally assessed property taxes during that period under RCW 7.28.070. The '30-day squatter's rights' claim is a myth.
What does "hostile" possession mean in Washington?
Under Chaplin v. Sanders (1984), Washington's leading case on the issue, a claimant's subjective belief about who owns the land and any intent to dispossess the true owner are irrelevant. Hostility simply means possessing the land as an owner would, without permission from the true owner.
What is "color of title" in Washington adverse possession law?
Color of title is a written document, such as a deed or will, that appears to convey ownership but is legally defective. Under RCW 7.28.070, a claimant with good-faith color of title who also pays all legally assessed property taxes for the full period can establish adverse possession in 7 years instead of the standard 10.
Can I legally remove squatters from my property in Washington?
Yes, but you must follow legal procedures: serve a 3-day notice to vacate, then file an unlawful detainer action in superior court if the occupant does not leave, and have the sheriff execute the resulting writ of restitution. You can also request law enforcement assistance under Washington's criminal trespass statutes. 'Self-help' methods like changing locks or shutting off utilities are illegal in Washington.
Can someone claim adverse possession against government-owned land in Washington?
Generally no — public land is normally protected from adverse possession. But Gorman v. City of Woodinville (2012) shows an important exception: if a claimant already completed all elements of adverse possession while the land was privately owned, title vests automatically and is not erased by a later transfer of the land to a city or other government entity.
Can trespassers gain rights to my property after 30 days in Washington?
No. This is a common misconception. Washington requires either 10 years (standard) or 7 years (with color of title and tax payment) of continuous, open, notorious, exclusive, and hostile possession. Short-term occupancy of days or months establishes no ownership rights.
Who removes a squatter in Washington — the police or the courts?
Washington police can arrest a person for criminal trespass under RCW 9A.52.070 (first degree, entering or remaining unlawfully in a building) or RCW 9A.52.080 (second degree) when they have no lease, were never a tenant, and show no other claim of right. The moment an occupant claims tenancy or produces any documentation suggesting a right to be there, officers direct the owner to civil court instead: under Washington's forcible entry and unlawful detainer statute, RCW 59.12.030, a person without permission or color of title who doesn't leave after a 3-day written notice is an unlawful detainer, and the owner must file suit in superior court, obtain judgment, and have the sheriff execute a writ of restitution. Contrary to some secondary sources, Washington has not enacted any 2024 or 2025 law creating an expedited or sheriff-only squatter-removal process — no such 'HB 2536' squatter law exists in the 2024 legislative record, and a pending 2025-26 bill aimed at deterring squatters, SB 5250, remains stuck in the Senate Law & Justice Committee and has not passed. Self-help removal by the owner is illegal in Washington regardless of how clear-cut the squatting appears.
This information is provided for general educational purposes only and does not constitute legal advice. Adverse possession claims are highly fact-specific. Consult a licensed attorney in the relevant state before relying on this information.