Saint Helens, OR asked in Real Estate Law and Land Use & Zoning for Oregon

Q: A new neighbor hired a surveyor. Now my decade old fence put up by a previous owner, is 5 ft over the new boundary?

The title of the property was free and clear when it was bought. Negotiating with this neighbor doesn't seem to be an option.

1 Lawyer Answer
Anthony M. Avery
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  • Real Estate Law Lawyer
  • Knoxville, TN

A: You will have to hire a competent OR attorney who engages in real property litigation. Your argument is that the boundary has long been acquiesced by all adjoining landowners for a long time. The suit will be a boundary dispute, which is basically a declaratory judgment action. You will need title searches on both tracts, and start putting together witnesses to the boundary for several decades. If you have only had a fence in that location for ten years, you will probably lose. You may have clouded the title when you put up the fence without a survey.

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