Wash. Rev. Code » Title 7 · Chapter 7.28
Revised Code of Washington

Wash. Rev. Code § 7.28.080 (2026)

Color of title to vacant and unoccupied land

✓ current as of May 2026
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Every person having color of title made in good faith to vacant and unoccupied land, who shall pay all taxes legally assessed thereon for seven successive years, he or she shall be deemed and adjudged to be the legal owner of said vacant and unoccupied land to the extent and according to the purport of his or her paper title. All persons holding under such taxpayer, by purchase, devise or descent, before said seven years shall have expired, and who shall continue to pay the taxes as aforesaid, so as to complete the payment of said taxes for the term aforesaid, shall be entitled to the benefit of this section: PROVIDED, HOWEVER, If any person having a better paper title to said vacant and unoccupied land shall, during the said term of seven years, pay the taxes as assessed on said land for any one or more years of said term of seven years, then and in that case such taxpayer, his heirs or assigns, shall not be entitled to the benefit of this section.
[ 1893 c 11 s 4; RRS s 789.]
Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1953–2023 · leading case: McCoy v. Lowrie, 253 P.2d 415 (Wash. 1953).
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McCoy v. Lowrie, 253 P.2d 415 (Wash. 1953). · cites it 19× “" RCW 7.28.080; cf. Rem. Rev. Stat., § 789.”
Campbell v. Reed, 139 P.3d 419 (Wash. Ct. App. 2006). · cites it 9× “070 or RCW 7.28.080. We hold that because Campbell failed to establish color of title, RCW 7.”
Campbell v. Reed, 134 Wash. App. 349 (Wash. Ct. App. 2006). · cites it 9× “070 or RCW 7.28.080. We hold that because Campbell failed to establish color of title, RCW 7.”
Williams v. Striker, 627 P.2d 590 (Wash. Ct. App. 1981). · cites it 9× “(Mericle) 1 under the vacant land statute, RCW 7.28.080. 2 *134 Striker purchased the two vacant lots at a sheriff's sale on December 6, 1956 for $100.”
Erickson v. Wick, 591 P.2d 804 (Wash. Ct. App. 1979). · cites it 2× “070 and claim of title under color of title to vacant and unoccupied land under RCW 7.28.080. The problem has been created because the official plat produced by the surveyor general in 1857 from the field notes of the original government survey may not accurately reflect the…”
Crescent Harbor Water Co. v. Lyseng, 753 P.2d 555 (Wash. Ct. App. 1988). “2d 590 (1981), this court applied the Mugaas rule to title obtained under the vacant land statute, RCW 7.28.080. In adopting Mugaas , the Williams court reasoned: *346 If no one could successfully invoke the vacant land statute except one who could have discovered that the…”
Hudson House, Inc. v. Rozman, 509 P.2d 992 (Wash. 1973). · cites it 2× “It is respondent’s claim and the decision of the trial court that all of the accretion in question, that is, accretions north of the Benner Road, become additions to the upland tract mentioned.”
Wilson v. Howard, 486 P.2d 1172 (Wash. Ct. App. 1971). · cites it 2× “*171 Wilson’s claim of ownership is founded upon his compliance with the provisions RCW 7.28.080, the so-called “vacant land” statute, which provides in part: Every person having color of title made in good faith to vacant and unoccupied land, who shall pay all taxes legally…”
Thorsteinson v. Waters, 399 P.2d 510 (Wash. 1965). “*748 Iwersens next contend they acquired title to the disputed strip by adverse possession under either the 7-year statute (RCW 7.28.080) or the 10-year statute (RCW 4.”
Gilbreath v. Pac. Coast Coal & Oil Co., 450 P.2d 173 (Wash. 1969). · cites it 4× “The plaintiffs, as holders of the Clarks' deed, contend the trial court erred in holding they had not acquired title to the subsurface rights by payment of taxes for 7 years under RCW 7.28.080, which provides: Every person having color of title made in good faith to vacant and…”
McGill v. Shugarts, 361 P.2d 645 (Wash. 1961). “070 provides: “Every person in actual, open and notorious possession of lands or tenements under claim and color of title, made in good faith, and who shall for seven successive years continue in possession, and shall also during said time pay all taxes legally assessed on such…”
Nicholas v. Cousins, 459 P.2d 970 (Wash. Ct. App. 1969). · cites it 2× “2d 415 (1953) defining color of title under RCW 7.28.080, which concerns the adverse possession of vacant and occupied land, states: An instrument which actually passes title does not provide color of title, as specified in RCW 7.”
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