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CMU wall inside neighbors property line.

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bobosqueakers

Junior Member
What is the name of your state (only U.S. law)? Oregon. My neighbor owns the restaurant property bordering the long side of our house. There is a 5' CMU wall that runs along the entire length of the property line which encloses and defines his parking area. The CMU wall was built about 15" or so inside his property - making the 15" of land accessible only from our side of the property. Several Questions - 1. This CMU wall has been there for about 30+ years or so - is the strip of land accessible only to us still his property? 2. I have shrubs and bamboo planted in this strip - is he free to cut any of this down because it was surveyed on his property?
 


NC Aggie

Member
This sounds like a question of adverse possession. It definitely can be argued that you have a case of adverse possession but certain conditions must be met which include:
-You must have use of this strip (plantings in strip would suffice)
-It's open & notorious (meaning it's evident you're using this strip)
-This "possession" has to be continous for a sustained period of time (in Oregon it's 10 years).
Now even if you meet all these conditions, this strip of land doesn't automatically become yours....this conveyance of land or transfer has to be formalized through the court. And if you don't have a case of adverse possession and a survey shows your plantings are within his boundary he has the right to cut them down.
 

Ozark_Sophist

Senior Member
I don't believe adverse possession is applicable. If it took a survey, it wasn't open and notorious. In addition, asserting AP would be time consuming and expensive--even if successful. Neighbor has a right to maintain wall and land, but without trespassing on OPs property.
 

NC Aggie

Member
I don't believe adverse possession is applicable. If it took a survey, it wasn't open and notorious...
I don't know if I agree with that assessment. The only thing a survey would do is identify the previous boundaries that were placed on the ground or desribed in deed.
 

154NH773

Senior Member
I don't know if I agree with that assessment. The only thing a survey would do is identify the previous boundaries that were placed on the ground or desribed in deed.
In many states it is assumed that the property owner knew, or should have known, where the property lines were located, so I might agree (without researching Oregon law) that the possession might be "open and notorious" even though it took a recent survey for the "discovery".
I do agree that it may be a costly and long court battle to try and claim AP, with no certain outcome.
 

John_DFW

Member
I have a hard time believing a business would start a long expensive adverse possession effort over 15" they can't use.

Nothing prevents them from cutting the vegetation on that spot, but if they have not done so in the past, I would not expect them to do so unless it becomes a problem fro them, such as overgrowing into the rest of the property. Bamboo can go several feet under driveways, retaining walls, etc.

I would let sleeping dogs lie and continue as is.
 

OHRoadwarrior

Senior Member
Many times people are recommended to build permanent fences with the property lines. This allows for boundary error and outside maintenance. He is free to cut it down, but it is unlikely he will.
 

drewguy

Member
I have a hard time believing a business would start a long expensive adverse possession effort over 15" they can't use.
They can use it for maintenance of the wall. They also can use it if they decide to take down the wall.

If find it somewhat troubling that someone building a wall must build it right on the property line, at the risk of a minor deviation that could put it over the property line by a small amount (1"), but if that person chooses to build back from the property line for a margin for error and/or maintenance, they then become subject to adverse possession claims.
 

justalayman

Senior Member
the true owner can chop the plants as he desires. If you believe you have a claim under adverse possession, you must assert the claim and defend it in court if he refuses to acknowledge your claim.
 

John_DFW

Member
They can use it for maintenance of the wall. They also can use it if they decide to take down the wall.

If find it somewhat troubling that someone building a wall must build it right on the property line, at the risk of a minor deviation that could put it over the property line by a small amount (1"), but if that person chooses to build back from the property line for a margin for error and/or maintenance, they then become subject to adverse possession claims.
It's not the location of the wall in its entirety that poses a problem in this case.

It sounds like that the layout of the properties and fences prevents the other owner from using the 15" strip of land, making it very easy to claim exclusive use of the land by the OP.

I have 4' to the property line past one side of my fence, but would be hard for anyone to claim exclusive use of it since I store trash cans there and mow it weekly.

Furthermore, it would be obvious to me if somebody was planting vegetation on the strip, giving me opportunity to take action to prevent the adverse possession efforts. Sometimes you have to assert your rights.
 

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