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We had our land surveyed. Our neighbor has planted trees on…

We had our land...

We had our land surveyed. Our neighbor has planted trees on our land and built apart of a building on our a joining neighbors back corner. He also bought it no knowing that part of his fenced, landscaped back yard is not his but again belongs to the same neighbor whos land part of his shop was built on.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

So the this new neighbor want to trade his easement that goes along our east side so he can claim our south side that he planted trees in. I see no reason to trade for an easement that i believe we have access to its use (this is news to us about this easements existence)

Lawyer's Assistant: Where is the land located?

Oregon and we have not done anything yet except to get our land surveyed for the correct boundries

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

Just wanted to know if land can be taken out of easement.

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Answered in 9 minutes by:
5/20/2018
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,882
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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This is an encroachment.You would want them to either buy it from you for cash or move his stuff.I woudl not agree to this offer here it doesn't benefit you.

You want to resolve this so he cannot claim adverse possession..

Code SectionOregon Revised Statute Section 105.620 – Acquiring Title by Adverse Possession

Time Period Required for OccupationThe time limit or statute of limitations to sue for recovery of the possession of real property is 10 years. That means, if you’ve resided on a plot of land for over 10 years, the person claiming to be the rightful owner has lost the chance to sue to evict you from the land. It’s now yours.

After 10 years he can do so , so resolving it now is the best way to protect yourself.You don't have to sell it to him but set a price you think is fair if you do here.

I appreciate the chance to help you tonight.Thanks

If you can positive rate 5 stars it is much appreciated.

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,882
Experience: Texas Attorney for 30 years dealing in real estate
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Customer reply replied 3 months ago
thank you. we will build a fence on the property line. he may take his trees out if he wishes. I'm do not think he has lived there 10 years. my husbands family has owned our piece for a few generations. I am not sure if he or the previous owners took out our back corner post then he planted trees on our property. again thank you for your answer five stars from me.

No problem fencing here was a good idea.It ends any adverse possession claim, have a great evening.

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Customer reply replied 2 months ago
Screenshot9520180604-070548.png
This is what the neighbor is tell the land owner on the other side of me. We were going to start putting up fence this weekend along with this neighbor. Raul will be taking his land back from the other neighbors back yard and he is not happy. What will be the best way for us to handle building this fence building without issue

Build it on true property line if you can to reclaim it and avoid adverse possession claims.This gives you back what is yours.

Thanks

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Customer reply replied 2 months ago
What if we step on his property while building fence?
Customer reply replied 2 months ago
Since his text was very threatening.

Try to avoid that if you can.Honestly I don't see a trespass claim here to build a fence.Try to minimize intrusion.Maybe you cn come back say 6 inches to allow them to work.

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Customer reply replied 2 months ago
Thank you.

Good luck here and bye for now.

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