Legal Question in Real Estate Law in Oregon
Our neighbors had their property surveyed in order to install a fence. The results showed, surprising us all, that they were actually the owners of a 1-4 foot wedge of property that has been used by us (8 years) and the previous owners(20-30 years+?). They have kindly presented us with an easement contract, but another neighbor said the questionable property should be established under 'adverse possession.' We don't want to make any waves, but don't want any potentially unnecessary issues connected to selling our property either. We are in no financial position to, and have no desire to, make this a court issue but would like to understand our local laws in this regard.
Thank you for your professional insight.
1 Answer from Attorneys
It depends on how you used the wedge. If you just grew grass on it, you would probably lose. If you built a shed on it, you may well win. Here is the law, below. Note it requires that you have "actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years." That means that it must be very clear that you were using the property and that your use of it was exclusive and precluded use of it by the neighbor who actually owned it.
ORS 105.620 Acquiring title by adverse possession
(1) A person may acquire fee simple title to real property by adverse possession only if:
(a) The person and the predecessors in interest of the person have maintained actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years;
(b) At the time the person claiming by adverse possession or the persons predecessors in interest, first entered into possession of the property, the person entering into possession had the honest belief that the person was the actual owner of the property and that belief:
(A) By the person and the persons predecessor in interest, continued throughout the vesting period;
(B) Had an objective basis; and
(C) Was reasonable under the particular circumstances; and
(c) The person proves each of the elements set out in this section by clear and convincing evidence.