RR Traveler
Junior Member
What is the name of your state (only U.S. law)? Jackson county, Oregon
We purchased a newly constructed house several years ago in rural Jackson County, Southern Oregon. It was built on one basically undeveloped lot adjacent to 3 other lots owned by the same guy. Included in the purchase price was our request to have the seller place a vinyl fence on the north side property line adjacent to an access road for his other properties. He agreed to do so and it was completed prior to our signing the final purchase contract (and was also listed in the contract as such). Last year we purchased another vacant lot across the access road from the same seller. We have now found out that the original piece of property we purchased had the vinyl fence placed off our property line and that there are actually two flagpoles in our front yard that lead to the sellers other two properties behind us. The access road that currently runs along our fence line is not even on the seller’s property, it is on property owned by other people, but they do not use the road because they have access from their other properties. Where our actual property line is means we give up three quarters of our front yard, our only well and our holding tank (all of which the seller constructed). We have hired a lawyer and the seller has admitted to him that he knowingly placed the vinyl fence on the wrong line and is willing to give up the land in our front yard, but still wants to have his 50 foot width of flagpoles adjacent to the road that is already there. This means we give up land on the new property we just bought and slide the three flagpoles over, which we are willing to do, but our seller wants to cut the roads the way he wants to cut them which means we would not longer have the flagpole to our current property, just an easement right to use it. We are not willing to give up our flagpole, but are willing to give him an easement right to cross it. He will not go along with this and we are now seriously considering suing for damages.
Our attorney keeps telling us that he has been a lawyer for 30 some years and that if we push this to arbitration that the seller, who is a self-employed contractor, will declare bankruptcy and we will be in line behind a lot of other people with their hand out. He says we will, therefore, end up with three quarters of our front yard, our well and holding tank gone and no compensation. I am looking for the opinion of other people about this situation. Does everyone else think we would also be defeated in arbitration??
We purchased a newly constructed house several years ago in rural Jackson County, Southern Oregon. It was built on one basically undeveloped lot adjacent to 3 other lots owned by the same guy. Included in the purchase price was our request to have the seller place a vinyl fence on the north side property line adjacent to an access road for his other properties. He agreed to do so and it was completed prior to our signing the final purchase contract (and was also listed in the contract as such). Last year we purchased another vacant lot across the access road from the same seller. We have now found out that the original piece of property we purchased had the vinyl fence placed off our property line and that there are actually two flagpoles in our front yard that lead to the sellers other two properties behind us. The access road that currently runs along our fence line is not even on the seller’s property, it is on property owned by other people, but they do not use the road because they have access from their other properties. Where our actual property line is means we give up three quarters of our front yard, our only well and our holding tank (all of which the seller constructed). We have hired a lawyer and the seller has admitted to him that he knowingly placed the vinyl fence on the wrong line and is willing to give up the land in our front yard, but still wants to have his 50 foot width of flagpoles adjacent to the road that is already there. This means we give up land on the new property we just bought and slide the three flagpoles over, which we are willing to do, but our seller wants to cut the roads the way he wants to cut them which means we would not longer have the flagpole to our current property, just an easement right to use it. We are not willing to give up our flagpole, but are willing to give him an easement right to cross it. He will not go along with this and we are now seriously considering suing for damages.
Our attorney keeps telling us that he has been a lawyer for 30 some years and that if we push this to arbitration that the seller, who is a self-employed contractor, will declare bankruptcy and we will be in line behind a lot of other people with their hand out. He says we will, therefore, end up with three quarters of our front yard, our well and holding tank gone and no compensation. I am looking for the opinion of other people about this situation. Does everyone else think we would also be defeated in arbitration??