Encroachment

[camel26]

What is the name of your state (only U.S. law)? Oregon

We are about to buy a property and found out there is encroachment from the property next door. Their front stair and opening access to the house is on the land we are thinking of buying. They owner of the property originally owns the land we want to buy as well. In 2007, they sold it to another person with the advertisement stair stays. No legal document exists.

My questions are:
1) I was wondering if we have the right to re-own the portion of the land or if this is grandfather rules ("prescriptive easement").
2) If it is really grandfather, if they sell the property, can we reclaim the land?
3) If we really can't do anything about it, when we build a building, how close we can get close to the stairs.

thanks in advance

 

[FarmerJ]

If it was me I don't think id want to buy it if the seller is the one who owns both but wont even go to the trouble to see to it they record a easement to continue use of the land the stairs is on, and remulak only knows what else they did not disclose then like maybe a old well that was not properly abandoned or same with a old septic system or worst yet what if they have a septic system on the lot you want but haven't disclosed to anyone its there then of course once a new owner goes to build they might find out from the county that they cant have a well or septic (or cant put them where they wanted to changing the cost because of the other property having one that's too close ) Saying the stair stays is not enough, you do realize that if the stair is on land that you might own then your at risk of every guest they have falling , tripping and suing your butt . not worth the hassle or risk to me and if you think im kidding use the links above and have a Attorney go thru your worst nightmare risk with you for this property and approximate legal cost to defend your self

 

[camel26]

We do like the land, the original owner sells the land. So the seller is no longer the one own the next door property.
I was wondering what is the chances we can win the case if we get to court.

 

[Ohiogal]

We do like the land, the original owner sells the land. So the seller is no longer the one own the next door property.
I was wondering what is the chances we can win the case if we get to court.

A case for what?

 

[PaulMass]

I was wondering what is the chances we can win the case if we get to court.

The lawyers are the only winners if you get to court.

If you can't come to an agreement with the seller and/or encroacher, you may be better off moving on to another property.

 

[FarmerJ]

Even if someone else owns the land now, it still sounds like a mess if they didn't grant in writing a easement to the stair owner and last but not least what does your county say about set back requirements ? I still think its a mess and who knows what else then they have hidden from potential buyers so it may just be better to look else where.

 

[154NH773]

It is unlikely you could "win" any case. If you buy the property, knowing the encroachment exists, you are basically accepting the situation. If you really want to buy the property, the current owner should resolve the problem before you purchase it.