Neighbor Trying To Claim Adverse Possession Of Land In A Special Needs Trust
I’m the trustee of a Special Needs Trust that owns a home and land where I live with the beneficiary of the trust. The land has a part that goes up a private road with an easement to the neighbor. There’s a part along the side of this private road that is basically the front portion of this guys yard. We have had some issues with him and put some landscaping rocks to delineate the property line but it does not impede his easement. He just doesn’t like looking at them and so now is trying to make a claim that since he’s been mowing this section for a long time that he should own it even though he’s asked permission in the past to do landscaping and it was granted until he overstepped and that permission was rescinded.
I was reading WA State RCW 7.28.090 but I’m not fully sure I understand it. The property is owned by a special needs trust for the benefit of someone who is under a guardianship and conservatorship. I’m trying to understand if that means he would not be able to claim title to this part of the property since she is disabled or is it saying that someone under guardianship or conservatorship can’t try and take adverse possession?
Thanks, I have put messages out to two lawyers offices but probably won’t hear back for at least a day or more so just curious how others read this?
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