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Boundry title dispute, oregon. clackamas county. neighbor…

Customer Question
Boundry title dispute Lawyer's...

Boundry title dispute

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Oregon. clackamas county.

Lawyer's Assistant: Has anything been filed or reported?

neighbor wants us to give him a quick claim deed to road. he had his lawyer mail us a list of his expectations & requirements to said road upkeep & his requirements.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We believe title shows us as owners (we have owned it since dec. 2009. he bought his section last summer & believes an older title gives him ownwership.

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 4 minutes by:
3/7/2018
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,330
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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Customer reply replied 1 month ago
I need an actual person to see or speak to & im not giving you 59 to guess about something as important as this.
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

Please ignore the telephone call request i did not come from me.

If you are both owner's there is no reason to give up the road. He would need to file a quiet title action to obtain ownership of the road and he is incorrect that because he owned the road longer he has superior rights. The only way he could obtain title would be through an adverse possession claim and that would be difficult to prove since you both own the road.

It is not uncommon to enter into shared road maintenance agreements, however, this would not involve you quit claiming title to him.

"In Oregon, the Legislature has addressed the question – ORS 105.170-185, giving powerful tools to users of shared easements to ensure that they are adequately maintained.

Under this statutory system, if a Road Maintenance or similar agreement is not in place, or to the extent that the agreement does not address the question, then costs of maintenance shall generally be based, absent fault, upon proportion of use (i.e. the house that is farthest from the public highway – the person who uses the greatest distance of the easement, pays the most)." http://rdclasslegal.com/maintenance-of-a-common-or-shared-driveway-or-private-road-in-oregon-what-if-there-isnt-a-written-agreement/

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

Are you online with me?

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Customer reply replied 1 month ago
Where is your practice?
Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

I practice law in multiple jurisdictions and have 30 years of real estate/land use experience. Unfortunately, pursuant to the terms of the service for the site the Attorneys on the site cannot enter into Attorney/Client relationships with the customers. I can provide a link for land use Attorneys in your area that provide FREE consultations if that would be helpful?

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Real Estate Lawyer: Attyadvisor, Attorney replied 1 month ago

Free Consultation Attorneys:

http://lawyers.findlaw.com/lawyer/firm/real-estate-law/clackamas-county/oregon

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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