Legal Question in Real Estate Law in Oregon

Property line, easements

We are trying to sell a house and property that was the family home for over 50 years. The neighbor claims and the county maps show that the neighbors own approx 10 x 20 foot piece of ground that blocks our driveway to this property. This ground ahs been paved by the county and has a curb and traffic lines on it. Our family has been driving on this ''road'' for over fifty years but now the planning department will not allow us to adjust the property lines to sell the house because we don't have access. Is there some standard for long term use of a piece of property especially if it has been treated as a road even by the county?


Asked on 6/06/05, 8:15 am

1 Answer from Attorneys

Michael Zusman Evans & Zusman, P.C.

Re: Property line, easements

You have an adverse possession question on your hands. The twist is the public usage character of the property in question. The basic rule of adverse possession is that you become the "owner" of property if you use it openly, continuously and under the belief it is owned by you for a period of more than 10 years. There are a lot of subtleties in this area, so it is by no means a slam dunk, but is sounds from the facts you have disclosed that you have an argument that you obtained ownership of the parcel you have described. The public usage question complicates the inquiry and needs to be explored. Of course, there are two sides to every story and your adverse possession claim would have to be established in court if your neighbor and/or a governmental entity disputes it. Likewise, even if the government itself makes no claim, it is unlikely a government authority will accept your ownership claim without either an instrument of conveyance (such as a deed) or a judgment.

I hope that begins to answer your question. Feel free to contact my office should you wish to go any further with this. Beware these matters can become complicated and expensive.

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Answered on 6/06/05, 8:57 am


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