Legal Question in Real Estate Law in Oregon

fence location vs. survey property lines. who owns what?

22 years ago the owner of a neighboring rural property enclosed his property

with a fence. Prior to building the fence he discussed the location of the

property lines with the affected neighbors including myself. We all talked and

measured and mutally established what we all believed to be the property

lines and then the neighbor built his fence. Over the years I, like my

neighbors, have landscaped up to that fence and made typical homeowner

use on the land on our respective sides. (In fact , our deceased family pets

are buried next to the fence.)

Since then the fenced neigboring property has changed hands. The new

owner has professionally surveyed the property and indicates that the fence is

mis-located and that his property line is actually 8 feet into my backyard (and

my next-door neighbor's too). The new property owner is indicating that he

may relocate the fence on the newly defined property lines.

Questions are: Did the original owner establish the property line when he

built the fence? Have I (and my next-door neighbors) established ownership

of the disputed 8 foot of property by use of it over the last 22 years?

Thanks.

Terrific website, by the way.

1 Answer from Attorneys

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