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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100048
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Recently a new structure is being built behind me. They stated

Customer Question

Recently a new structure is being built behind me. They stated that a fence that was built at least 30 years ago. Was not the true property line. They removed my tree line and built a retaining wall do I have any legal rights on Adverse Possession Law?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this situation. Can you please tell me a little more?
1) According to actual property lines (if not contested), whose property was the tree ON? Theirs, or yours?
2) If it was on their property, was there ever any agreement - in writing or otherwise - that you could have control of that part of the property?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
The Trees were all on my property the Fence was installed 30 years ago by the original property owners. Before the construction of the new structure.
Expert:  Ely replied 1 year ago.
Thank you.
Adverse possession has to do with squatter's rights, and it would lay claim to the WHOLE property and not just a "piece" of it.
Because we are dealing with just a piece, this would be an EASEMENT situation.
Can they claim easement?
EASEMENT BY ESTOPPEL
This is not too set in statutory law, but essentially they would have to prove that someone in your situation allowed and encouraged them to use that land.
EASEMENT BY PRESCRIPTION
"In order to establish an easement of way by prescription the plaintiffs must establish an open and notorious use of defendants' land adverse to the rights of defendants for a continuous and uninterrupted period of ten years." Thompson v. Scott, 528 P. 2d 509 - Or: Supreme Court 1974. In other words, they would have to show that they have been using this without your permission for 10 years.
UNLESS they can prove one of the above, they have no claim to your piece of land there. And even if they could prove it - it is not automatic. They have to GO TO COURT, file a lawsuit, and PROVE each element to get that easement officially on the deed.
Otherwise, they have no claim to the land.
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