Washington Squatters Rights: Adverse Possession and Removing Occupants

By TenantLoop teamUpdated 2 min read

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General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.

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The short version

  • A claim to land by adverse possession generally requires ten years of open, continuous, exclusive and hostile possession.
  • Someone in possession under color of title who pays all taxes for seven years in a row can claim sooner.
  • Paying the taxes for seven years under color of title is generally the route to the shorter period; tax payment alone without a title document is not enough.
  • An owner can sign a declaration asking police to remove a person who has no right to be on the property and was never a tenant, or can file an unlawful detainer case.

Washington's general adverse possession period is ten years, shortened to seven for someone who pays the taxes under color of title. An owner can also ask police to remove a trespasser using a signed declaration.

Washington squatters rights at a glance

RuleWashingtonLaw
Adverse possession periodA claim to land by adverse possession generally requires ten years of open, continuous, exclusive and hostile possession.RCW 4.16.020
Claim under a document (color of title)Someone in possession under color of title who pays all taxes for seven years in a row can claim sooner.RCW 7.28.070
Paying property taxesPaying the taxes for seven years under color of title is generally the route to the shorter period; tax payment alone without a title document is not enough.RCW 7.28.070
How owners remove occupantsAn owner can sign a declaration asking police to remove a person who has no right to be on the property and was never a tenant, or can file an unlawful detainer case.Revised Code of Washington, Title 9A (criminal trespass) and RCW 59.12

Adverse possession

An occupant can gain title only after a long period of open, continuous possession without the owner’s permission, and only by meeting every condition the law sets.

Adverse possession period. A claim to land by adverse possession generally requires ten years of open, continuous, exclusive and hostile possession. (RCW 4.16.020)

Claim under a document (color of title). Someone in possession under color of title who pays all taxes for seven years in a row can claim sooner. (RCW 7.28.070)

Paying property taxes. Paying the taxes for seven years under color of title is generally the route to the shorter period; tax payment alone without a title document is not enough. (RCW 7.28.070)

Removing an unauthorized occupant

How owners remove occupants. An owner can sign a declaration asking police to remove a person who has no right to be on the property and was never a tenant, or can file an unlawful detainer case. (Revised Code of Washington, Title 9A (criminal trespass) and RCW 59.12)

Where the case is filed. Unlawful detainer cases are filed in the superior court for the county where the property is located. (RCW 59.12 and RCW 59.18)

Why force backfires

Removing an occupant by force can expose an owner to liability, especially if the occupant claims to be a tenant.

Self-help eviction. A landlord may not lock a tenant out or cut off utilities to force a move out, and a tenant can recover damages and attorney fees when this happens. (RCW 59.18.290 and RCW 59.18.300)

Protecting a vacant property

Visit vacant properties on a schedule, keep them locked and lit, post no trespassing signs where allowed, and act quickly when someone moves in. Do not accept money from an occupant, because rent can look like a tenancy.

Mistakes to avoid

  • Waiting months to act after someone moves in.
  • Changing locks or removing belongings yourself.
  • Accepting rent or utility payments from the occupant.
  • Leaving a vacant property unchecked for long stretches.
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Verify current law

We last checked these Washington rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Washington attorney about your situation.

Laws named on this page

  • RCW 4.16.020
  • RCW 7.28.070
  • Revised Code of Washington, Title 9A (criminal trespass) and RCW 59.12
  • RCW 59.12 and RCW 59.18
  • RCW 59.18.290 and RCW 59.18.300

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Asked by landlords in this state.

How long does adverse possession take in Washington?

A claim to land by adverse possession generally requires ten years of open, continuous, exclusive and hostile possession. Source: RCW 4.16.020.

Does a squatter have to pay property taxes in Washington?

Paying the taxes for seven years under color of title is generally the route to the shorter period; tax payment alone without a title document is not enough. Source: RCW 7.28.070.

How does an owner remove a squatter in Washington?

An owner can sign a declaration asking police to remove a person who has no right to be on the property and was never a tenant, or can file an unlawful detainer case. Source: Revised Code of Washington, Title 9A (criminal trespass) and RCW 59.12.

TenantLoop team · reviewed

Written by the team building TenantLoop. Our guides are general information for landlords and property managers; check current law and talk to a qualified professional before you act.