Skansi v. Novak

Citations

• 84 Wash. 39
• 146 P. 160

Syllabus

<p>Adverse Possession — Claim of Right — Mistaken Belief — Evidence — Sufficiency. Under tbe rule that adverse possession must he under a claim of right for the full statutory period of ten years where there is no color of title even if possession was under a mistake, and that entry and possession under the mistaken belief that it was public land is not hostile or adverse to the owner, the purchaser of a lot in a dedicated plat does not, by adverse possession, acquire title to a strip of adjoining tide lands, about fifty feet wide, extending to the government meander line, which strip was not included in the dedicated plat, a portion of which he occupied with a boat shop and float for eighteen years, where his testimony was to the effect that, at the time of his purchase, he supposed that he was buying “to the water” or to the line of high tide, that his boat shop was above that, and he supposed his ownership to high tide gave him the right to the tide lands (which belong to the government), that he had no knowledge of the meander line, no representations were made, and he made no express claims of title; and when he sold, he described the lot only, and moved off his boat shop and float.</p>