Legal Question in Real Estate Law in Oregon
Property line dispute
How do I determine my property line when the markers and monuments have disappeared? How do I find out if my neighbor, a slick nasty realtor, is planning to make a flag lot?A large hedge divides the property, and he has removed the old wire fencing that divides the hedge, which the previous owner, now deceased, told me was the property line. I put a chain link fence in front of this bulky hedge in 1994 and let the laurel grow through. I told him when he moved in 10 years ago that the old bits of wire were the property line, not my chain link. He has ripped out some of the hedge and installed a huge gate whose end post touches my fence. Mr. Slick has probably obtained a survey that supports his claim. How do I find a neutral surveyor to support ME? I have a few blurry photos of the old wire. My fence was built 18-24'' to the inside of the old property line because of many stumps. I am retired and he is trying to grab an extra two feet of my yard and put another house on a lot that's 165'x165'. Please tell me if I can stop him legally. Thanks.
1 Answer from Attorneys
Re: Property line dispute
You need to hire a surveyor, as there is no particular reason to believe the deceased seller. I do not know how to get a "neutral" one, but every surveyor should come up with the same result. As for finding out what slick is planning, creation of a flag lot ordinarily requires approval by the local property or zoning authority. He would have to file an application there.
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