Mugaas v. Smith

206 P.2d 332, 33 Wn.2d 429, 1949 Wash. LEXIS 454, 9 A.L.R.2d 846

 

RULE:

A conveyance of record title to a bona fide purchaser will not extinguish a title acquired by adverse possession. 

FACTS:

The plaintiff brought an action to quiet title to a piece of land she claimed by adverse possession and to compel the defendant to remove any buildings constructed on the property. The plaintiff relied on a fence that was built in 1910 and maintained until 1928 which enclosed the land in favor of the plaintiff. The fence fell apart over time and the defendant took the title in 1941 under a deed, which recited that his parcel included the disputed strip of land. 

ISSUE:

Was the defendant, a bona fide purchaser of real property, entitled to rely on the record title description, which included the disputed strip of land?

ANSWER:

No.

CONCLUSION:

The court affirmed the judgment because titles which mature under statute of limitations are not subject to recording acts, and therefore the respondent's title could not be divested by a bona fide purchaser. 

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