Legal Question in Real Estate Law in Oregon

homestead act

i bought my house 1 yr ago. it is 9 yrs old. there is a portion of city property adjoining it which has been lanscaped and upkept by the previous owners and me for the past 9 yrs. it has a fence across it attaching it to my property. is it true that if the city has not asked me to take down the fence nor stop the upkeep of it after 7 yrs, can i petition the "homestead act" to acquire the property? it is at the end of a deadend road.


Asked on 8/17/00, 11:54 am

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: homestead act

Your question addresses what Oregon law calls "adverse possession". You cannot adversely possess land from the government (local, state or federal).

If the owner of the land was an individual or non-governmental organization (corporation, LLC), then you might be able to adversely possess the land, ultimately gaining title to it, but to do so you must meet several legal standards, including holding the land for 10 years or more and having an honest belief that the land was yours in the first place.

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Answered on 10/06/00, 5:44 pm


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