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Adverse possession

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Bobcat7

Junior Member
What is the name of your state? Oregon
Our land is next to a jointly owned property that two of our neighbors use as a driveway. We recently found out that the property line is about 20 feet beyond our fence and that our land extends right to the edge of their gravel driveway. We bought our place 7 years ago and one of the neighbors has been mowing along the edge of the driveway for well over 10 years. The other joint owner has only had an interest in the property for 2 years and is planning to widen the driveway onto our land without our permission. Can either of these neighbors claim adverse possession? Does the statutory period start from when we bought the land? We would like to allow our older neighbor to use the land but prevent anyone from paving or altering it. If we give written permission to use the land for certain purposes will that help protect us?
Thanks
 


BelizeBreeze

Senior Member
“a claimant must show that he or she ‘possessed the property intending to be its owner and not in subordination to the true owner.’” 187 Or App at 160 (quoting Faulconer v. Williams, 327 Or 381, 389, 964 P2d 246 (1998)). The court also cited Mid-Valley Resources, Inc. v. Engleson, 170 Or App 255, 260, 13 P3d 118 (2000), rev den, 332 Or 137 (2001), for the proposition that “‘possession [of property] under a purely mistaken belief of ownership’ satisfies the hostility requirement,”

The requirement of 10 years has been met but in Oregon, under Gilinsky v. Sether, 187 Or App 152, 66 P3d 584 (2003), you're going to have a hard time convincing a judge that you retain ownership of the land.

I would STRONGLY suggest an attorney to review your deed and any and all easement agreements.
 

Bobcat7

Junior Member
Permissive use?

It certainly seems that we are in danger of losing some land if our older neighbor ever wanted to pursue the matter but he is very unlikely to do so. I am more concerned with our new neighbor since he has already been a bit troublesome on other matters. Last year he verbally asked permission to remove some blackberries and tree limbs along the fenceline and we gave our permission. Since he is already using the land with our permission, does that prevent him from claiming adverse possession?

ORS chapter 105.620 states (b) At the time the person claiming by adverse possession or the person’s predecessors in interest, first entered into possession of the property, the person entering into possession had the honest belief that the person was the actual owner of the property and that belief: (A) By the person and the person’s predecessor in interest, continued throughout the vesting period;

There are no easements that affect this part of the property.

Thanks again
 

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