Unzelman v. City of Snohomish

Citations

• 40 Wash. 588
• 82 P. 911
• 1905 Wash. LEXIS 1031

Syllabus

<p>Adverse Possession oe Streets — Estoppel — Community Property — Petition to Vacate Streets Signed by Husband. Where the title is taken to platted real estate in the name of the wife, and the husband petitioned the city council for the vacation of certain dedicated streets occupied by them, and running through the premises, which petition was denied, the property being presumably community property, the parties must be held to have recognized the rights of the city in and to the streets and cannot invoke the equitable doctrine of estoppel against the city’s right to assert dominion over the streets, by ordering the removal of obstructions and permanent improvements thereon.</p> <p>Same — Hostile Character oe Possession. Adverse possession of streets as against a city cannot be claimed by owners who, after platting the same, had fenced up and used the same for a period of ten years, where they at all times had recognized the rights of the city and had leased portions with the understanding that the lessees should respect the rights of the city therein.</p>