DUNBAR v. HEINRICH

No. 46852-4.

95 Wn.2d 20 (1980)

622 P.2d 812

SHANE D. DUNBAR, Respondent, v. HERBERT O. HEINRICH, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

December 31, 1980.


Attorney(s) appearing for the Case

Rudolf V. Mueller and J. Robert Leach, for petitioners.

Arnold M. Young and Jones & Young, for respondent.


WILLIAMS, J.

This case requires us to resolve the question whether a person's erroneous belief that property is publicly owned precludes him or her from claiming adverse use of that property for purposes of acquiring a prescriptive easement. We hold that adverse use must be established by the acts, not the subjective beliefs, of a claimant, and we accordingly affirm the Court of Appeals.

In 1966, respondent Shane Dunbar began building a residence on property...

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