Eugene, OR asked in Real Estate Law, Constitutional Law and Legal Malpractice for Oregon

Q: Someone please tell me how it's not illegal for the courts to order a homeowner to give their home to a land owner?

I've bought my home in May of 2017 from the former owner on an agreement that because it's converted to real property and I own it, but not the land it's attached to, I won't have to worry if hard times arise and I cannot pay the monthly land rent, I will have the option to sell back my home minus what I owe in land rent to the land owner, but then the owner sells the land and the new land owner states that their not the other land owner. We wont buy your home, when we can just evict you for nonpayment in court and then file the home as being abandoned by the owner, entitling us to claim it for free under abandonedment of personal property laws. Cause thats what's happening to me in Springfield, Oregon. These new Chapter 105 laws state that if I being the homeowner and a land owner wants you to move I now become the defendant who refuses to leave my home I own than the sheriff can use force and arrest me and file charges for failure to obey a courts order. Am I missing something??????

2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Knoxville, TN

A: The home is a permanent fixture to the land, and all of it is real property. Whatever agreement you made in 2017 was void on its face. You should have asked for some reimbursement in equity for your contribution to land improvements. A Rule 59 Motion along these lines might help if you are within the time limit.

TeAnna Rice
TeAnna Rice
  • Hillsboro, OR
  • Licensed in Oregon

A: In some situations it is possible to own your home, but rent the land (i.e. manufactured home). It is recommended to consult with a landlord tenant attorney and/or a real estate attorney regarding your rights and options in your specific scenario, as certain laws do apply.

To answer your question on whether you can be arrested for failing to abide by court orders - you can. If a judge orders something, and you fail to abide by it, then you can be held in contempt of court.

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