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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12250
Experience:  JD, MBA
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Almost two years ago my husband and I bought a remote cabin

Customer Question

Almost two years ago my husband and I bought a remote cabin on 10 acres in Oregon. Last spring we got a notice of intent to log next to our acreage. The logging operation has made our property value plummet and our roads have become impassable to the point we are not able to reside there. Today we got a notice in the mail that herbicides were to be sprayed on the adjoining property. The Logging Company noted the owner of said logged land and I was shocked. The owner of that property is the owner who we are purchasing from. At no point in our purchase did the seller disclose that he was intending to log the vast amount of property surrounding us. We only found out today because of the notice to spray. We feel like they sold this as quickly as possible as they did not even run a credit check on us and we bought owner will carry. So it seems as though they knew they were going to log it and wanted to make the sale as quickly as possible. Is there anything at all we can do about this? Can we require our deposit back and hand them the keys? Can we log to recoup our loss and hand them the excess? Thank you for your time.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Expert:  TJ, Esq. replied 1 year ago.

Hello again.

Generally speaking, the law states that an owner of property can do with it what he'd like, so long as he does not disturb his neighbor's quiet enjoyment of their property. In this case, it's possible that his logging could be construed as a nuisance. If so, then you could sue the neighbor for creating the nuisance and force him to stop. So that is one possibility.

It may also be possible to get out of the sale if you can demonstrate that the seller misrepresented his intent. This may be a little more difficult to prove, however, if nothing at all was stated about the intent to log when you purchased the property. Ordinarily, there would be no requirement to disclose that information. Still, you may have recourse depending on the specific facts.

My suggestion to you is to retain a local real estate attorney to review these details with you in person. That attorney can review all documentation and investigate the details as to the possible nuisance. From there, he can send a demand letter to the neighbors or file lawsuit as necessary.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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