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Oregon Real Estate Law Questions & Answers
1 Answer | Asked in Personal Injury, Products Liability and Real Estate Law for Oregon on
Q: I have a 12 year old cherry tree who's roots uplifted a neighbor's walkway. Am I liable for the damages?

This old cherry tree used to sit with the trunk on my side of our property. Over the years its roots grew towards some water drainage on the other side of the fence (in the neighbor's yard). It uplifted their cement walkway by about 2 inches. When they notified me about it, I quickly had... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 8, 2016

You could ask your homeowners. Overhanging branches are a form of trespass. Roots it's not so clear. If they are held to be trespassing and lift the pavement the answer would be yes. However it's possible that from some readings the law would be no.

It is not really clear.

1 Answer | Asked in Real Estate Law for Oregon on
Q: What precautions do I need to take if I were to allow my neighbor shared use of my land?

Our neighbors house is seperated from ours by a 5 meter gap. There is a fence that sits approximately 1 meter away from their house and 4 meters from ours. Our neighbour has suggested that they take the fence down and install vegetable boxes for shared use. While I'm not against this in... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 24, 2017

You should document the agreement in writing to confirm that their use of your property is permissive. That way, they or those they may sell to, can't later claim adverse possession of the area. This can be done with a signed letter agreement.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I have was given a 10 day verbal. notice to vacate a storage rental, is that legal?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 1, 2016

Unlike residential rentals, there are few laws related to self-storage units. The main one relates to liens (http://www.oregonlaws.org/ors/87.687). Thus, this would be governed by your contract with the facility.

1 Answer | Asked in Probate and Real Estate Law for Oregon on
Q: Our neighbor passed 10 months ago due to a fire. The house is in probate.

There is garbage all around house and is attracting the homeless. Can we do anything to force clean up.

Joanne Reisman
Joanne Reisman
answered on Oct 20, 2016

First of all, are you sure that the house is in probate? Probate is not automatic. If the house is in probate, you should be able to find out through the court who the personal representative is and then you can contact the personal representative and ask them to do something. You can report the... View More

1 Answer | Asked in Land Use & Zoning, Criminal Law and Real Estate Law for Oregon on
Q: I own multiple shares of Weyerhaeuser REIT. Could I be arrested for trespassing or do I have a right to access the land?
Joanne Reisman
Joanne Reisman
answered on Oct 19, 2016

Owning shares of a real estate investment trust doesn't necessarily mean you own a particular parcel of land. (For example, if you owned 2000 share of Coca Cola stock you couldn't walk into their head quarters and demand to read the secret formula for Coca Cola.) You should have the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I rented a unit in Oregon that was sold to an owner occupier. I'm I still liable for cleaning/carpet fees?

It is supposedly being occupied by the new owner not being officially turned over as a rental. Our deposti refund included a subtraction for cleaning fees but I'm not sure if we really owe those. thank you.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 5, 2016

It does not matter how you became no longer the tenant, you are responsible for all of the legal fees/deposits that you would be as if you decided to move on your own. That said, not all fees and deposits are legal. Review the following to see.... View More

2 Answers | Asked in Animal / Dog Law, Personal Injury, Real Estate Law and Landlord - Tenant for Oregon on
Q: Is it legal to ask a renter to verify that their dog is a service dog and that they have sufficient insurance?

to cover in event of an attack?Does going through a rental agency effect this?

Peter N. Munsing
Peter N. Munsing
answered on Aug 9, 2016

Why not? They can decide to have a pet friendly or no pets policy.

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1 Answer | Asked in Real Estate Law, Animal / Dog Law and Landlord - Tenant for Oregon on
Q: If my renter's dog attacks someone am I liable or in danger of legal action against me?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 9, 2016

"in danger of legal action against me" very much so, if your renter does not have renters insurance or enough of it. Are you liable, that is a much more complex question. If this actually happened, versus theoretical, contact your own insurance company to put them on notice of a claim.

1 Answer | Asked in Divorce and Real Estate Law for Oregon on
Q: How can I have my name removed from a home equity line of credit loan?

In the divorce, I was awarded the house and my ex was required to pay off the home equity line of credit. I want to take his name off the house and take my name off the loan so I can refinance.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 24, 2017

If the General Judgment of Dissolution of Marriage includes the legal description of the home and awards the home to you, then you are the legal owner of the home. Ordinarily, your judgment should also require your former spouse to sign a deed conveying his interest in the property to you. If the... View More

1 Answer | Asked in Arbitration / Mediation Law, Estate Planning and Real Estate Law for Oregon on
Q: I have a question about obtaining a temporary stay order until a legal action is heard in court or arbitration

We have received a letter stating as invitation to occupy our property has been revoked by trust and we must vacate immediately. We want to challenge it and need time to determine our legal recourse

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 20, 2016

If you are already residing on the property, then the trustee must commence an FED action to evict you from the property. That should give you the time you need to evaluate your rights.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Oregon on
Q: my dad just passed his body is still at hospital,i am the only child,my aunt sats she has a will and power of attn.

i am the beneficary ,there is a home , he is a veteran i need help

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 21, 2016

Then find an attorney to start the process. Your aunt would not longer have power of attorney, but she might mean she is the adminstrex of the estate.

1 Answer | Asked in Real Estate Law for Oregon on
Q: do i need a lawyer for a quit claim deed?

my daughter wants to transfer her interest in the land that we own to me. she is an only child .. no money is involved

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 5, 2016

You do not need a lawyer for most anything, but whether or not it is wise to have one is another matter. If both of you understand exactly what is going on and the risks involved, you can file one yourself.

1 Answer | Asked in Real Estate Law for Oregon on
Q: We just purchased a home 6 months ago, and just found out that the seller lied about the siding being replaced.

However, we believe that the original owners may have lied about the siding, hence the seller we purchased from did not know. Do we have legal right to sue the original owners, since we are suffering a monetary loss because of their lie, even though they didn't directly lie to us?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 31, 2016

Breach of contract has a six year statute of limitations, which can be tolled in some instances. Potentially here it could be based on the discovery rule, so you may be able to sue the original owner (though you might have to sue those you bought it from with them bringing in the original owner).... View More

1 Answer | Asked in Contracts and Real Estate Law for Oregon on
Q: Selling cemetery plot along with cement vault

Cemetery said I can not sell the vault which is worth $900, contract says Transfer of interest: Purchaser shall have the right at any time as long as not in default under the terms of this agreement to transfer the interest of purchaser in the agreement and the property covered thereby. Said... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 3, 2016

Hire an attorney to send them an ORS 20.082 demand over what appears to be a breach of contract. That is likely the only way to get any action from them.

1 Answer | Asked in Contracts and Real Estate Law for Oregon on
Q: I bought a cemetery plot along with the cement vault and the head stone almost 38 years ago, I now want to sell the plot

and vault but the cemetery said I can't sell vault that they have to give me money for what it was worth 38 years ago is that legal?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 26, 2016

What does your contract with the cemetery say? If you no longer have a copy, request a copy from the cemetery.

1 Answer | Asked in Real Estate Law for Oregon on
Q: We moved our RV to some property in Turner Oregon a place to park RV and live there in trade for my labor

After a few day the property owner wanted me to move the RV to the upper part of the property then after a few weeks he first closed the gate and refused to let us drive up the drive way to our RV again a week later he wanted the RV moved back down to the bottom we was not home we was at the... View More

Robert L. Mauger Jr.
Robert L. Mauger Jr.
answered on Feb 5, 2016

You might want to bring a claim against the property owner himself and let him pick the fights with the insurance company. Given that this was a residential tenancy, you might be entitled to your attorney fees as well as statutory damages. Good luck.

1 Answer | Asked in Real Estate Law for Oregon on
Q: If a home seller doesn't disclose something on seller's disclosure (no air in master bedroom) how do we prove they knew

We purchased a home last year and found out there is no air flow to the master bedroom. We had the vents scoped and according to two companies the duct work goes into wall so was never connected. She lived there for 15 years and didn't disclose it on seller's disclosure. Originally she... View More

Robert L. Mauger Jr.
Robert L. Mauger Jr.
answered on Jan 28, 2016

Typically, the rule is buyer beware. Most real estate purchase contracts have an inspection period where you are expected to do your own investigation. That said, you may still have a claim for fraud. You have to show a material disclosure (e.g. that she actually made an important claim about the... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: 2 owners with an undivided interest as tenants in common in OR real property. Do each need to sign listing contract?
Robert L. Mauger Jr.
Robert L. Mauger Jr.
answered on Jan 28, 2016

Assuming that you're both selling your share, then yes, you probably should both be on the listing agreement. If only one of you is selling, you probably don't both need to be on it, but I'm also not sure who would buy a one-half interest in real property.

1 Answer | Asked in Real Estate Law for Oregon on
Q: Can someone video record my home with the soul purpose to try to catch me doing something they don't like?

This camera usually faces the street, but because my neighbor and I disagree on how the HOA is run.. (We are both board members) he has decided to have a second neighbor use his camera to face our house and driveway to make sure we don't use his driveway when backing up to exit ours which is... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 12, 2015

Yes, he can record your home, if the camera is not on your property.

1 Answer | Asked in Real Estate Law for Oregon on
Q: I am interested in purchasing a piece of property upon the owners death. Would a purchase option be the tool to use?

I should add that the owner does not want to sell or leave the property but she does want that I care for her horses on the property when she is no longer able to. The property is presently owned by joint owners both in ill health. I am not aware of the type of deed.. (if it would go to the other... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 25, 2015

Yes, an option to purchase might be the way to go. I would check the title (have a title search done) in any case. This will tell you if they own the property as joint tenants with right of survivorship. If so, it is an open question whether your option would be enforceable following the death... View More

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