Oregon Boundary Disputes and Adverse Possession Attorney
Disputes over property boundaries or adverse possession claims can put your ownership rights at risk. Boundary issues often come up between neighbors who don’t agree on where one property ends and the other begins. In an adverse possession claim, someone may try to take ownership of land they’ve used for years under the belief that they had the legal right to do so, even if someone else technically owns it.
A real estate lawyer in Bend, Oregon, can help you work toward a fair resolution in these kinds of disputes. Bristlecone Law offers initial consultations to review your situation and explain how we can protect your property rights. Our firm works with clients in communities throughout Deschutes, Jefferson, Crook, and Jackson counties, including Bend, Redmond, Prineville, and Madras. Reach out to talk with a lawyer about your boundary or adverse possession issue.
Common Causes of Boundary Disputes in Oregon
Neighboring property owners may get into boundary disputes for various reasons. Some of the top causes of legal disagreements or litigation include:
- Inconsistent or outdated legal descriptions of properties in deeds, which can lead to differences between historic metes-and-bounds descriptions and modern survey descriptions
- Errors in surveying
- Misunderstandings regarding easements or access rights, including for private roads, shared driveways, or utility easements, which may result from past practices of prior owners
- Changes in natural landscapes, such as shifting waterways or migrating tree lines, which can alter historic property boundaries
- Title defects or overlapping claims resulting from scrivener’s errors in recorded deeds or plat maps
- Encroachments or installation of improvements by neighbors, including fences, sheds, driveways, or landscaping that crosses alleged property lines
How to Resolve Boundary Disputes in Oregon
The process of resolving a boundary dispute between neighbors in Oregon will involve several steps. First, property owners should review their property documents, including deeds, plat maps, and other title records, to analyze the chain of title and historic survey documents, which can provide evidence for what property rights have passed to the current generation of owners. Owners should also obtain independent professional surveys. Expert surveyors can review land records and take precise measurements of the current property to assess the accuracy of the record boundaries against the property’s current physical condition and how the parties have occupied it.
Should document reviews and surveys fail to resolve boundary disputes, neighboring property owners may pursue settlement negotiations, which may result in boundary line agreements, legal adjustments of lot lines, or the establishment of easements to achieve a mutually agreeable resolution. When informal settlement negotiations fail, parties may pursue alternative dispute resolution to resolve a boundary dispute efficiently and privately. ADR may involve mediation or arbitration, helping parties avoid the time and expense of litigation.
However, should other efforts to resolve a boundary dispute fail, property owners may pursue quiet title action and ejectment claims to establish the true property line and remove any encroaching improvement constructed by either property owner.
What Is Adverse Possession in Oregon?
A party that does not own an interest in property can acquire an interest under the doctrine of adverse possession. Adverse possession grants a party ownership of property when they occupy and use the property in violation of the owner’s right of exclusive possession. The elements of an adverse possession claim under Oregon law include:
- A party and its predecessors in interest had maintained actual, open, notorious, exclusive, hostile, and continuous possession of property for at least 10 years.
- At the time that the party or their predecessors first entered into possession of the property, they had an honest belief that they owned the property, that belief continued through the 10-year vesting period, that belief had an objective basis, and the party had a reasonable belief under the circumstances.
A party must prove an adverse possession claim through clear and convincing evidence, which represents a higher evidentiary burden than the “preponderance of the evidence” standard typically used in civil claims.
The law defines “hostile” possession as possession under claim of right or color of title, with a “color of title” arising under a written conveyance of a property interest or by operation of law.
Oregon’s adverse possession law differs from that of other states, as Oregon requires a party claiming adverse possession to have an honest, reasonable, objectively based belief that they held lawful title to the property.
Boundary by Agreement and Boundary by Acquiescence
Parties may resolve boundary disputes or adverse possession claims through the doctrines of boundary by agreement or boundary by acquiescence. A boundary by agreement may arise when neighboring property owners have uncertainty regarding the correct position of the property line and enter an express or implied agreement to establish a practical boundary between their parcels. Courts may uphold boundaries by agreement when neighbors agree on a boundary location, draft a formal document, establish a legal description for the property line, and record their agreement along with a new survey map with the county recorder.
A boundary by acquiescence may arise when property owners establish a long-term practice of accepting a visible divider to serve as the boundary between their parcels, such as a tree line, fence, or rock wall.
Remedies and Outcomes in Boundary and Adverse Possession Cases
When property owners negotiate or litigate boundary disputes or adverse possession claims, some of the outcomes that may result in their cases include:
- Judgment for quiet title, which provides a judicial declaration of legal ownership and removes clouds on property titles
- Court-ordered reformation of deeds to correct scrivener’s errors
- Easement agreement or easement by prescription
- Financial award to compensate property owners for neighbors’ encroachment, including for costs to remove or relocate improvements
How an Oregon Real Estate Attorney Can Help
A real estate litigation lawyer at Bristlecone Law can help you seek a fair and favorable resolution to a boundary line dispute or adverse possession case by:
- Gathering and reviewing property records, including deeds, plat maps, and surveys
- Working with land surveyors to locate property lines
- Negotiating on your behalf with neighboring property owners or adverse possessors to seek a favorable settlement to resolve your dispute
- Advocating your case in court when litigation becomes necessary to quiet title and establish your property rights under Oregon law
Why Choose Bristlecone Law?
Boundary disputes or adverse possession claims can have adverse consequences for your property rights, making your choice of legal counsel critical to defending your interests. Let a real estate attorney from Bristlecone Law help you pursue a favorable outcome to a boundary dispute with a neighbor or an adverse possession claim against your property because:
- Our law firm treats every client with the respect, honesty, and compassion they deserve during a challenging legal dispute. Legal representation should feel like a conversation, not a confrontation. That’s why our lawyers work hard to help you feel comfortable working with us and trusting us with your legal needs.
- We put people before process. Our attorneys will take the time needed to understand your needs, concerns, and objectives, and to walk you through your legal options to help you make informed decisions.
- Our firm’s connections in the local community with property owners, businesses, courts, and our fellow attorneys allow us to pursue an efficient and favorable resolution to your case.
- You can rest assured that our attorneys will work diligently to fight for your rights and interests to ensure you don’t have to shoulder the stress and anxiety of the legal process alone.
Contact Our Bend, Oregon, Firm Today for Help with Real Estate Disputes
When you have a boundary dispute or face an adverse possession claim in Oregon, having experienced legal counsel in your corner can help you defend your legal interests. Contact Bristlecone Law today for a confidential consultation with a lawyer from our Bend real estate law firm. Let’s discuss your legal options for protecting your property rights in a boundary dispute or adverse possession claim. We’re pleased to serve clients in Bend, Redmond, Prineville, Madras, and other communities in Deschutes, Jefferson, Crook, Jackson, and Marion counties.
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