Legal Question in Real Estate Law in Oregon
We live outside the city limits of Rogue River in Jackson County, Oregon.
In 2005 we purchased a home on about 6 acres from a seller who also owned three other parcels of land adjacent to the one we purchased. During our negotiating for the house we requested several other additional items be included in the total purchase price. These items included porches and decks made of specific materials, a cement path and vinyl fencing along the front of the house with several gates leading out to a pre-existing graveled mutual access road. These requests were included as part of the signed purchase agreement. The contract, signed by both parties, stated that the seller will include in the purchase price of the property a vinyl horse-type fence that would run along the entire front length of the lot on the property line. This fencing was installed and finished by the time we concluded the purchase and took possession of the house.
Last year we purchased one of the additional vacant lots from the same seller. This lot is located across the mutual access road from our present residence. The seller is now trying to sell the other two lots and is trying to tell us that the vinyl fencing that he had put up in 2005, as part of our signed purchase agreement, is not actually on our property line. He is now stating that our property line is actually 50 feet further in on the front of our property.
We know for a fact that this seller knew where the property lines were at the time we purchased our home, because he started to cut roads back in 2002 on these properties and found that he was laying a road on property he thought he owned, but did not. He later purchased this in question lot and had all of the lots surveyed and marked. However, apparently in an effort to sell the lot we initially bought, he lied about the actual property lines. We had no reason to doubt what he was saying when we knew that he owned all the adjacent lots and was willing to sign a contract stating that he would erect a vinyl fence on our front property line as part of the sale.
What legal recourses are available to us? Can we sue to have this land incorporated into our property due to the time that the fence has been standing? Do we have a right to claim damages if this is not possible? We will be losing a significant portion of our front yard if we are forced to move the fence!
1 Answer from Attorneys
You can sue the owner for fraud. According to your facts, he knew the correct property line when he sold you the home and land, and he falsely told you the property line was somewhere else. You relied upon the false statement in buying your home and land. So the suit would be one for fraud. As a remedy in the suit, you could seek (1) transfer of the land to you, in accordance with the property line represented to you in 2005 or (2) monetary damages.
From the facts you have described, you have a strong case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
