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HERRIN v. O'HERN

No. 66195-7-I.

275 P.3d 1231 (2012)

James R. HERRIN, a single man, and Rebecca Herrin, as her separate property, Appellants, v. Ellen O'HERN, a single woman, Respondent.

Court of Appeals of Washington, Division 1.

May 14, 2012.

Attorney(s) appearing for the Case

Robert Michael Tull , Langabeer & Tull PS, Bellingham, WA, for Respondent.

Patrick Michael Hayden , Attorney at Law, Sedro Woolley, WA, for Appellants.

COX, J.

¶ 1 A party who originally uses property with the permission of its owner and who later claims ownership by adverse possession has the burden of proving that the owner terminated permissive use of the property.1 The relevant viewpoint for determining whether and when permissive use terminates is that of the owner who granted permission.2

¶ 2 Here, James Herrin and Rebecca Herrin claim...

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