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Thread: Adverse possession laws (was: Searching for ideas)

  1. #1
    Dec 2007
    Eugene oregon

    Adverse possession laws (was: Searching for ideas)

    Hello All,
    I came here to look for legal ways to stop a developer from ripping up some fir trees on my property.
    When I say my property, it's a bit mis-leading. You see we live on circular lots, and the builder put the corner of our home, and the sprinkler system, landscaping, etc, off the legal boundary. However, in the CCR's this is an allowed encroachment.
    Long sory. Anyway I am looking at filing an adverse possesion claim now.
    Anyone familiar with such laws?

  2. #2
    Moderator note:
    I moved your thread from the Introduce Yourself subforum here, where I think you'll get more traffic. I also edited the thread title to be more descriptive. Thanks and carry on. ~ Gedunker

    First, we are planners and not attorneys, although we deal with land use law on a regualr basis. Whatever replies you read to this thread, none of it is as good as the advice you'd get from an experienced land use attorney in your town.

    I think you've got almost no chance of prevailing, since -- in most cases that I'm familiar with -- your encroachment would be limited to only that part of the improvement that encroaches and nothing more.

    Good luck.
    Je suis Charlie

  3. #3
    Dec 2007
    Eugene oregon
    That is all I wanted. You see, when we bought our home, there were two small fir tress within the circle of our sprinkler system. 11 years later, they are 30 ft tall, and are part of our family. Friday night they had ribbon on them, like they were tagged for removal.
    I have contacted an attourney. My worries are, they'll be down and gone one day when i come home

    The Home Owners Association, has sent his lawyer a letter, telling him they can't
    do the drive, without it being approved by their architectural committee. So far, nothing.
    This lot is on a steep hill, that will require errosion control, as well as run off issues.
    Original intent was to share the driveway with the neigbors drive, as it is on "commons ground.
    Truthfully, the land is so steep, that developement is going to be very costly.
    This guy, only wants a road there, to show it is approachable.
    He's just trying to sell the lot.
    80' circle @ 79K
    > 20 degree slope
    Last edited by NHPlanner; 17 Dec 2007 at 10:21 AM. Reason: double reply

  4. #4
    Cyburbian Cardinal's avatar
    Aug 2001
    The Cheese State
    Contact the planning department in your community. It is now standard practice for communities to require that any large trees be ifentified on a survey of the property. When development plans are submitted, the city will often require that all or some of the large trees be preserved. The ribbons you saw might be indicating that the trees remain, just as they might be indicating that they be removed. The final plans submitted to the city should indicate this.
    Anyone want to adopt a dog?

  5. #5
    Cyburbian Otis's avatar
    Mar 2002
    Upper left edge
    Talk to your attorney. Adverse possession is a complex subject and there's lots of law on it in Oregon. One of the key things is that is has to be "hostile" which means that you don't and didn't recognize anyone else's right to the property.

    There also is a lot of law on whether you have a right to the property through some other means than adverse possession since your developer moved oyur house into the common area. Check out all avenues.

  6. #6
    Apr 2005
    Section 14-12-7, 3rd PM
    Adverse Possesion typically applies when niether party was aware of encroachment. It sounds like you may looking for Acquiescence which implies an agreement (written or not) was made. Contact a good land use attorney and a surveyor.

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