Mugaas v. Smith

In 1910, Mugaas constructed a fence around her land. In 1941, Delmar Smith purchased the neighboring property upon which the aforementioned fence encroached a little bit.

However, by 1941, the Mugaas fence had disintegrated. Smith built a home in the disputed boundary between Mugaas and himself (Smith).

Mugaas sued Smith to quiet title to the strip of disputed land between Mugaas & Smith.

The Washington trial court granted title to Mugaas & ruled that Smith must remove his encroaching housing portions.

Can a real estate title acquired through adverse possession stand against a bona fide purchase?

Smith argued that a bona fide purchaser for value should be able to rely on record title.

Smith argued that Mugaas had failed to establish adverse possession of the strip of disputed land between them.

A real estate title acquired by adverse possession is as sound as one acquired by deed & can't be extinguished by transfer of record title to a BFP (bona fide purchaser).

Adverse possession is based on actions, not deeds (documents).

This decision applies the common-law rule, so that the squatter Mugaas prevails against the later comer Smith & his recording act.