Legal Question in Real Estate Law in Oregon
We bought a home that was remodeled 60 years ago. The remodel made the living room and 2 bedrooms enroach on the neighbors property, at least 15ft. Nothing was ever done about it. There are trees that were planted, and fence posts put up by the neighbor from what the real estate agent told us at the same time as the remodel. There is a very clear sense of where the property line should be, as it has been that way for a very very long time. Now that we have moved in the "owner" wants us to pay him 15,000 for the use of his property. Tearing it down isn't an option. Can he do that ofter so long of not complaining? Isn't there some way to force the line to be moved? I live in OREGON. Thank you!
1 Answer from Attorneys
The Oregon Court of Appeals in Nguyen v. Conner (2003) recently restated the law of adverse possession in Oregon:
A party bears a "'heavy burden' to establish ownership by adverse possession." Hoffman v. Freeman Land and Timber, LLC., 329 Or 554, 560, 994 P2d 106 (1999). To establish ownership by adverse possession under the common law, a party must show clear and convincing proof of actual, open, notorious, exclusive, continuous, and hostile possession of the property for a ten-year period. Davis v. Parke, 135 Or App 283, 286, 898 P2d 804, rev den, 321 Or 560 (1995).Thus, it would appear from the facts you have stated that you now own the property up to the fence line and do not owe your neighbor anything.
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