Frequently Asked Questions

• I own several acres of undeveloped land on which I’d like to build some houses. How do I divide the land into different parcels so I can sell the houses once they’re built?

To divide your land into parcels, generally you must meet requirements of both state law and local ordinances for subdivisions. You submit an application to the appropriate city or county land use authority, which is sent for comment to state and local agencies who have jurisdiction (e.g., public works, utilities, fisheries agencies, transportation agencies, etc.). Usually, you have an opportunity to work with the staff of the local government to resolve any issues that may come up. Typically, the staff recommends that the application be approved subject to a number of conditions. After public notice and a hearing, the planning commission or hearing examiner recommends that the application be approved with conditions or disapproved. The final decision is left to the local government’s legislative authority (e.g., city council, county commissioners, etc.).

• The county recently passed a critical areas ordinance that will prevent me from building on about 25 percent of my land because it is within a certain distance of a creek. This ordinance will cause me to lose a lot of money I would have made in developing the property. Does the county have to pay me for my loss?

Probably not. If a county ordinance completely takes away your ability to use your property in any way, the county must pay you the fair market value of your property. However, if the ordinance merely limits your use (or even prohibits all use, but only as to a portion of your property), the county is not required to pay you anything – even though your property has lost value as a result of the ordinance. This may change after the November 2006 election if Washington voters approve the Property Fairness Initiative sponsored by the Washington Farm Bureau.

• I had my property surveyed, and found that my neighbor’s septic system actually is located on my land. When I told her about this, she said that she installed the septic system 15 years ago, thinking it was on her land. She apologized for the mistake, but said it would be too expensive to put in a new septic system. The next day she called me to say that her lawyer told her that she owned the property now because of something called “adverse possession.” What does that mean?

Adverse possession is a rule of law that transfers ownership of property to a person who openly used the land for 10 years or more as though the land were rightfully hers all along. For your neighbor to claim ownership of land by adverse possession, she does not necessarily need to show that she knew that the land was yours. It is enough for her to show that she acted as though she were the rightful owner. On the other hand, her use of the land must be known to you – or obvious enough that you should have known of her use. In the case of an underground septic system located on undeveloped land, if you don’t have actual knowledge of the location of the system, your neighbor probably cannot successfully establish adverse possession. There are other legal requirements that must be met that will depend on the facts of each case. Don’t assume that your neighbor’s lawyer has the last word on this.

• The power company has some transmission lines running across my property in a right-of-way easement. The other day I saw some workers installing underground cable alongside the powerlines. They told me it was fiber optic cable, and that the cable company had permission from the electric company to use the right-of-way. Nobody asked my permission to install fiber optic cable, and nobody paid me for this use of my land. Can they do this?

The power company’s right-of-way easement probably describes the uses that are permitted in the right-of-way. If fiber-optic cable is specifically mentioned, the power company does not need additional permission from you, and it probably can lease use of the right-of-way to the cable company. However, if fiber-optic cable is not specifically mentioned, it is a different question. Unfortunately, at the present time, there is no definite answer. Recently, the Washington Supreme Court said that a cable company could not install cable in a railroad right-of-way without first compensating the land owner; however, this decision was based on some unique features of the law applicable to railroad rights-of-way. It is probably worth your while to at least try to negotiate payment of compensation by the cable company.

• When I started clearing my land for development, I found a trash heap with old, rusty paint cans and some 55-gallon drums. They’re all empty, and there are no stains on the ground surface. My contractor said I needed to report this to the Department of Ecology. Is he right?

It depends on just how empty those paint cans and drums really are. If they do not contain even a trace of the original product or waste, and you have no information that the property is contaminated, you might not be required to make a report. However, it there is any trace of residual petroleum or other chemicals, generally you need to report your finding to the Department of Ecology within 90 days. It would be prudent to coordinate with department staff before continuing your clearing activities in the vicinity of the trash heap.