Kirchhoffer v. Harris

Citations

• 68 Wash. 316
• 123 P. 455
• 1912 Wash. LEXIS 1287

Syllabus

<p>Adverse Possession — Mistaken Boundary Line — Evidence—Sufficiency. The evidence is sufficient to establish title by adverse possession where grantors, before selling part of their lands, had a survey made to mark the boundaries which by mistake was so run as to include part of the lands sold, erected fences on the line marked by the survey, made valuable improvements to the line, maintaining open and notorious possession for twenty-five years of portions of the land included in their deed, under the mistaken belief that the survey marked the true line; and it is an immaterial circumstance that, for a time, they looked after the lands not included in their enclosure, and acted as agents of the grantees as to the lands not claimed by them.</p> <p>Adverse Possession — Continuous Possession — Interruption by Public Authorities. Title by adverse possession of a tract of land for the statutory period is not affected by the fact of an involuntary interruption of possession by the public authorities in laying out a county road across one end of the tract, after which fences were changed, leaving part of the property outside of the enclosure, when their title would have been complete but for such interruption.</p>