Legal Question in Real Estate Law in California

Re: Encroachment on property

It is not clear from your question whether the property is located in Oregon. I am assuming that it is. If so, ORegon has a 10 year statute of repose. That means that an action to recover real property (such as the strip the neighbor is encroaching on), must be brought within 10 years of the first discovery (or when through reasonable dilligence you should have discovered) the encroachment. If your mother fails to bring an action, then after the 10 years is up, your mother will have lost her right to recover the property. However, you should be aware that the neighbor may claim that they have occupied the property for a longer period than you are now aware of. In that case, more of the 10 year period may have elapsed then you realize. You must act quickly to protect your rights.