• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Berlin Wall Syndrome

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

NWNeighbor

Junior Member
I live in OREGON

My neighbor and I have had an overgrown laurel hedge that served as a boundary between our properties for the past eight years, and for two previous owners back to the early nineties. And we've been working this year to try and establish a good property line on the cheap (without the expense of a surveyor) So as one might guess, someone gets too rigid about where the line is supposed to go and things go south and someone hires a surveyor, and the surveyor places a line five feet from where everyone thought it was.

So.. Oregon statute has a 10 year adverse posession time period that's pretty well established here through three consecutive owners of this parcel that's had the adverse use of the 500 square foot strip of land back to the late eighties. But I've been told that such use can't be with knowledge of where the actual line really is. And now, everyone knows where the actual line is.

I'm feeling like I must sue my neighbor for the ground or lose the option to do it.

My neighbor has gone quite beligerant and wants to fence off the land as close to my house as he can possibly get. And create as much of a nuisance for me as he can. He's driving surveyors stakes across my yard, but he's fearful I'm trying to steal his land. It's very confusing.

We both have other priorities at the moment. How long can we stand still? What is the shelf life of this thing if we try to back burner it?

He's a nice guy who just doesn't know the law very well. We've got him on all points of the adverse posession. He can't win if he fights it. He can just only spend a bunch of money and lose. And delay.. And complicate our lives.. all for ground he hasn't had a claim to in ten years.
 


JETX

Senior Member
Property disputes are never simple matters. Unless you have significant negotiating talents and legal skills, will require a local attorney to represent your interests. Go get one.
 

Mass_Shyster

Senior Member
Property disputes are never simple matters. Unless you have significant negotiating talents and legal skills, will require a local attorney to represent your interests. Go get one.
Probably good advice, but if the parties are too cheap to hire a surveyor, I doubt they'll hire a lawyer.


And we've been working this year to try and establish a good property line on the cheap (without the expense of a surveyor)
 

NWNeighbor

Junior Member
Historic Neighborhood

Hiring the lawyer is very much like firing the first shell. So far, each party has only consulted with a lawyer. There is some posturing going on about the law and the legal liabilities, potential costs, and best methods to move forward. We're neighbors. Our houses are 30 feet apart. Our children play in the street. We both value the harmony of our neighborhood. One of us at least would like to negotiate this through and not cause financial harm to the other house hold. At the moment, they don't have a case. But they might spend ten grand finding that out. And that would be a bad thing.

The key element about the placement of the fence, is that if one property owner fences the line, the other property owner loses access to the lower section of his property on that side of the house. The properties are city lots located on steep ground. Deferred maintenance on the back side of the property is very common all along the street because of the access issues. And improvements to the properties have to go through one of those historical committee processes, so people are more inclined to leave things alone.

Lawyers will be hired to litigate this. The question is how long can the parties work to negotiate amongst them selves before filing papers in court becomes a necessity. Local laws state that ignorance of the real property line is necessary in an adverse possession suit. We were both ignorant of the actual line, up until two weeks ago. Now we know. How much time do we have?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top