Title 7 — Title 7 SPECIAL PROCEEDINGS AND ACTIONS
43 chapters · 769 sections in this title.
RCW 7.28.010 Who may maintain actions—Service on nonresident defendant.
2.9K chars
Any person having a valid subsisting interest in real property, and a right to the possession thereof, may recover the same by action in the superior court of the proper county, to be brought against the tenant in possession; if there is no such tenant, then against the person cl…
RCW 7.28.050 Limitation of actions for recovery of real property—Adverse possession under title deducible of record.
0.8K chars
That all actions brought for the recovery of any lands, tenements or hereditaments of which any person may be possessed by actual, open and notorious possession for seven successive years, having a connected title in law or equity deducible of record from this state or the United…
RCW 7.28.060 Rights inhere to heirs, devisees and assigns.
0.2K chars
The heirs, devisees and assigns of the person having such title and possession shall have the same benefit of RCW 7.28.050 as the person from whom the possession is derived.[ 1893 c 11 s 2; RRS s 787.]
RCW 7.28.070 Adverse possession under claim and color of title—Payment of taxes.
0.8K chars
Every person in actual, open and notorious possession of lands or tenements under claim and color of title, made in good faith, and who shall for seven successive years continue in possession, and shall also during said time pay all taxes legally assessed on such lands or tenemen…
RCW 7.28.080 Color of title to vacant and unoccupied land.
1.0K chars
Every person having color of title made in good faith to vacant and unoccupied land, who shall pay all taxes legally assessed thereon for seven successive years, he or she shall be deemed and adjudged to be the legal owner of said vacant and unoccupied land to the extent and acco…
RCW 7.28.083 Adverse possession—Reimbursement of taxes or assessments—Payment of unpaid taxes or assessments—Awarding of costs and attorneys' fees.
1.7K chars
(1) A party who prevails against the holder of record title at the time an action asserting title to real property by adverse possession was filed, or against a subsequent purchaser from such holder, may be required to:(a) Reimburse such holder or purchaser for part or all of any…
RCW 7.28.085 Adverse possession—Forestland—Additional requirements—Exceptions.
2.5K chars
(1) In any action seeking to establish an adverse claimant as the legal owner of a fee or other interest in forestland based on a claim of adverse possession, and in any defense to an action brought by the holder of record title for recovery of title to or possession of a fee or …
RCW 7.28.090 Adverse possession—Public lands—Adverse title in minors, persons under guardianship or conservatorship.
1.3K chars
RCW 7.28.070 and 7.28.080 shall not extend to lands or tenements owned by the United States or this state, nor to school lands, nor to lands held for any public purpose. Nor shall they extend to lands or tenements when there shall be an adverse title to such lands or tenements, a…
RCW 7.28.100 Construction.
0.2K chars
That the provisions of RCW 7.28.050 through 7.28.100 shall be liberally construed for the purposes set forth in those sections.[ 1893 c 11 s 6; RRS s 791.]
RCW 7.28.110 Substitution of landlord in action against tenant.
1.0K chars
A defendant who is in actual possession may, for answer, plead that he or she is in possession only as a tenant of another, naming him or her and his or her place of residence, and thereupon the landlord, if he or she applies therefor, shall be made defendant in place of the tena…
RCW 7.28.120 Pleadings—Superior title prevails.
0.5K chars
The plaintiff in such action shall set forth in his or her complaint the nature of his or her estate, claim, or title to the property, and the defendant may set up a legal or equitable defense to plaintiff's claims; and the superior title, whether legal or equitable, shall prevai…
RCW 7.28.130 Defendant must plead nature of his or her estate or right to possession.
0.8K chars
The defendant shall not be allowed to give in evidence any estate in himself, herself, or another in the property, or any license or right to the possession thereof unless the same be pleaded in his or her answer. If so pleaded, the nature and duration of such estate, or license …
RCW 7.28.140 Verdict of jury.
0.9K chars
The jury by their verdict shall find as follows:(1) If the verdict be for the plaintiff, that he or she is entitled to the possession of the property described in the complaint, or some part thereof, or some undivided share or interest in either, and the nature and duration of hi…
RCW 7.28.150 Damages—Limitation—Permanent improvements.
0.8K chars
The plaintiff shall only be entitled to recover damages for withholding the property for the term of six years next preceding the commencement of the action, and for any period that may elapse from such commencement, to the time of giving a verdict therein, exclusive of the use o…
RCW 7.28.160 Defendant's counterclaim for permanent improvements and taxes paid.
0.5K chars
In an action for the recovery of real property upon which permanent improvements have been made or general or special taxes or local assessments have been paid by a defendant, or those under whom he or she claims, holding in good faith under color or claim of title adversely to t…
RCW 7.28.170 Defendant's counterclaim for permanent improvements and taxes paid—Pleadings, issues and trial on counterclaim.
0.6K chars
The counterclaim shall set forth the value of the land apart from the improvements, and the nature and value of the improvements apart from the land and the amount of said taxes and assessments so paid, and the date of payment. Issues shall be joined and tried as in other actions…
RCW 7.28.180 Defendant's counterclaim for permanent improvements and taxes paid—Judgment on counterclaim—Payment.
1.9K chars
If the judgment be in favor of the plaintiff for the recovery of the realty, and of the defendant upon the counterclaim, the plaintiff shall be entitled to recover such damages as he or she may be found to have suffered through the withholding of the premises and waste committed …
RCW 7.28.190 Verdict where plaintiff's right to possession expires before trial.
0.3K chars
If the right of the plaintiff to the possession of the property expire, after the commencement of the action and before the trial, the verdict shall be given according to the fact, and judgment shall be given only for the damages.[Code 1881 s 542; 1877 p 114 s 546; 1869 p 130 s 4…
RCW 7.28.200 Order for survey of property.
0.3K chars
The court or judge thereof, on motion, and after notice to the adverse party, may, for cause shown, grant an order allowing the party applying therefor to enter upon the property in controversy and make survey and admeasurement thereof, for the purposes of the action.[Code 1881 s…
RCW 7.28.210 Order for survey of property—Contents of order—Service.
0.4K chars
The order shall describe the property, and a copy thereof shall be served upon the defendant, and thereupon the party may enter upon the property and make such survey and admeasurement; but if any unnecessary injury be done to the premises, he or she shall be liable therefor.[ 20…
RCW 7.28.220 Alienation by defendant, effect of.
0.5K chars
An action for the recovery of the possession of real property against a person in possession, cannot be prejudiced by any alienation made by such person either before or after the commencement of the action; but if such alienation be made after the commencement of the action, and…
RCW 7.28.230 Mortgagee cannot maintain action for possession—Possession to collect mortgaged, pledged, or assigned rents and profits—Perfection of security interest.
2.4K chars
(1) A mortgage of any interest in real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law: PROVIDED, That nothing in this section shall be construed as any…
RCW 7.28.240 Action between cotenants.
0.3K chars
In an action by a tenant in common, or a joint tenant of real property against his or her cotenant, the plaintiff must show, in addition to his or her evidence of right, that the defendant either denied the plaintiff's right or did some act amounting to such denial.[ 2011 c 336 s…
RCW 7.28.250 Action against tenant on failure to pay rent.
0.9K chars
When in the case of a lease of real property and the failure of tenant to pay rent, the landlord has a subsisting right to reenter for such failure; he or she may bring an action to recover the possession of such property, and such action is equivalent to a demand of the rent and…
RCW 7.28.260 Effect of judgment—Lis pendens—Vacation.
1.2K chars
In an action to recover possession of real property, the judgment rendered therein shall be conclusive as to the estate in such property and the right of possession thereof, so far as the same is thereby determined, upon all persons claiming by, through, or under the party agains…
RCW 7.28.270 Effect of vacation of judgment.
0.5K chars
If the plaintiff has taken possession of the property before the judgment is set aside and a new trial granted, as provided in RCW 7.28.260, such possession shall not be thereby affected in any way; and if judgment be given for defendant in the new trial, he or she shall be entit…
RCW 7.28.280 Conflicting claims, donation law, generally—Joinder of parties.
2.6K chars
In an action at law, for the recovery of the possession of real property, if either party claims the property as a donee of the United States, and under the act of congress approved September 27th, 1850, commonly called the "Donation law," or the acts amendatory thereof, such par…
RCW 7.28.300 Quieting title against outlawed mortgage or deed of trust.
0.5K chars
The record owner of real estate may maintain an action to quiet title against the lien of a mortgage or deed of trust on the real estate where an action to foreclose such mortgage or deed of trust would be barred by the statute of limitations, and, upon proof sufficient to satisf…
RCW 7.28.310 Quieting title to personal property.
0.6K chars
Any person or corporation claiming to be the owner of or interested in any tangible or intangible personal property may institute and maintain a suit against any person or corporation also claiming title to or any interest in such property for the purpose of adjudicating the titl…
RCW 7.28.320 Possession no defense.
0.2K chars
The fact that any person or corporation against whom such action may be brought is in the possession of such property, or evidence of title to such property, shall not prevent the maintenance of such suit.[ 1929 c 100 s 2; RRS s 809-2.]