Q: Can doctrine of practical location be used to set boundary between lots owned by same person until 2 yrs ago?
Mother-in-law purchased property with apparent boundary but granddaughter of man who used to own that and adjoining lots and who now owns the other two had a survey done and now says part of house built in 1940 is on her land. She immediately cleared hedge that had been assumed line and planted fence posts in concrete going up to house and right by back porch. We were told adverse possession likely would not work as same owner had all three lots until he died 2-3 years ago.
A:
Your mother in law was sold the property described in the deed. She should hire her own surveyor to survey the property and interpret the legal description of her deed. Then she should consult with her own Attorney and try to figure out what Oregon real estate laws would help her resolve the situation.
A practical solution maybe to just want to pay the granddaughter to do a lot line adjustment if the county will allow it. There is bound to be some type of solution but I have never heard of the"doctrine of practical location". These rules or doctrines evolved from old English common law cases and tended to be adopted in different forms in each of the 50 states. Assuming the property is located in Oregon it would be better to hire an Oregon Attorney to research the law as it exists in Oregon once you have independent verification of the boundaries.
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