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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116202
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My elderly(80yro)second cousin lives in a house on my 5 acre

Customer Question

My elderly(80yro)second cousin lives in a house on my 5 acre property. My home is also on this property. She lives there because she lost her home, has just a small retirement income, and is disabled. We were told she could only live there if ther was no stove and she was a family member. We got required permits and disability claim from her Dr.
A neighbor who was opposed to anyone living in this home filed a complaint with the county. The county has now informed us that 2nd cousin is not considered close enough to be considered family. She now has 40 days to vacate.
This neighbor has filed numerous complaints against since we moved here. Most were permit complaints to make sure we always had permits when we were building. Any time we repair or build any additions or outbuildings he files. We never were found to be without proper permits. This has been going on since we acquired the property in the 90's.
My question is, what is the definition of family? She is related by blood, not marriage. She was not only my mothers cousin she was her best friend. We were very close our i entire lives.This lady is literally being made homeless because of a neighbor who has made it his mission to make my lIving here difficult. He has told us to our face he does not want anymore neighbors. Do we have any legal recourse to stop this?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

For the purpose of the residential laws, Oregon considers family to be mother/father, siblings, grandparents/great grandparents. They do not extend it to cousins or more remote relations. You can of course file an appeal to the county, based on her disability and her needs and seek to take the county to court for this decision based on the hardship circumstances and they can grant a waiver on this requirement.

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