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Oregon Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning for Oregon on
Q: Does an easement trump a restraining order?

I am in Curry County, Oregon.

T. Augustus Claus
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answered on Feb 13, 2024

In Oregon, as in other jurisdictions, an easement and a restraining order serve two very different legal purposes, and one does not inherently "trump" the other. An easement is a right to cross or otherwise use someone else's land for a specified purpose. A restraining order, on the... View More

1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Small Claims for Oregon on
Q: Can I take action about a neighbor's overgrown thorn bushes that keep trying to infect my back yard and attach my trees?

His backyard is Completely infested with with thorns and doesn't do anything. He is also scary and constantly verbally abusive to his own family, so talking to him is out of the question.

Katherine Goodman
Katherine Goodman
answered on Oct 11, 2022

Without more information on the location of your property, if you have any agreements on whose responsibility it is to maintain the bushes, where the bushes are located, if you have any or need any easements, it is hard to say what your next step could be. However, if you have not spoken with a... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oregon on
Q: My neighbor has trees/ bushes growing into our yard and knocking down the fence between us. Can I do anything about it?

I've asked him to trim them he said No, but I can trim what grows onto my property. I have to pay a landscaping company, how is this fair?

The fence is in terrible condition because of his overgrowth, replacing the fence will cost me thousands and the problem will still persist. What... View More

Katherine Goodman
Katherine Goodman
answered on May 20, 2022

There are a lot of facts that could change the answer to your question such as if the fence is on your property or your neighbors, do you and your neighbor have an easement agreement, and/or your properties apart of an HOA committee. You should contact a local real estate firm to discuss your... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Oregon on
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.

Anthony M. Avery
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answered on Oct 29, 2021

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... View More

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Oregon on
Q: I am interested in purchasing a home that the seller is indicating the existing tenants need 9 months to remove from

Property. Can a seller dictate this even though the home will be owned by me (hopefully in 2 months). I want to live in the home myself

Gregory L Abbott
Gregory L Abbott
answered on Nov 4, 2020

It likely is not the seller "dictating" that but rather Oregon law, particularly during Covid times. While the specifics of Oregon's eviction moratorium specifying what can and cannot be done to terminate tenancies during the Covid-19 pandemic have changed enough to currently allow... View More

1 Answer | Asked in Estate Planning and Land Use & Zoning for Oregon on
Q: when was the LUDO established in Douglas county Oregon
Theressa Hollis
Theressa Hollis
answered on Oct 26, 2020

Do you mean the Land Use and Development Ordinance? Maybe this link will assist you? https://www.co.douglas.or.us/planning/tbl_cont.asp

Not sure if you also have an estate planning question?

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oregon on
Q: How do i get property in my name with the title owner deceased
Vincent Gallo
Vincent Gallo
answered on Jun 14, 2020

You would need to prove your entitlement to the real estate.

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2 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Sexual Harassment for Oregon on
Q: Can my landlord come stay at my rental property? I take this as a threat.

I do not have a written lease, only verbal. I told my friend/landlord about a guy I was seeing. Shortly thereafter my landlord showed up unwarranted and stayed in a garden shed, told me I lost his trust, made hideous sexual references, threatened to kick me out. A few tough weeks followed, I’d... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 28, 2020

The exact details here make all the difference - which is why it is ALWAYS a good idea to only rent pursuant to a written lease. One main issue for you is likely to be what exactly it is that you rented. A written rental agreement specifies that. Here, IF the landlord can make an... View More

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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Oregon on
Q: Is it legal for 3 seperate dwellings to share an address and single family mailbox, or for 2 to share a gas meter?

I rent what used to be the garage of the main dwelling at my address. The gas company considers it the "shop" address, but its a 2 br house. There is also a shop behind my house that has been converted into a one bedroom bungalo. Three seperate dwellings but one mailbox, intended for a... View More

Gregory L Abbott
Gregory L Abbott
answered on Sep 30, 2019

Given that a landlord is not legally required to provide any mailbox, you likely have no claim regarding sharing it. If you prefer, simply get a P.O. Box or private mailbox at one of the many places offering such options. The gas meter may be a different deal however. It depends upon what your... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oregon on
Q: So does this mean I don’t have to gove my land lord 30 days notice
Joanne Reisman
Joanne Reisman
answered on Jul 12, 2019

This sounds like an incomplete landlord tenant question. Please re-post this under landlord tenant law and state more information so the responding lawyers know what the question is about.

1 Answer | Asked in Divorce, Land Use & Zoning and Real Estate Law for Oregon on
Q: I live in Oregon in my divorce I got the house my ex still has not taken his name off the house .

The county wont allow me to take his name off the homeowner tax stuff. My ex refuses to take his name off. Can I use him to get his name off or do I have to suffer until the house is paid off?

Joanne Reisman
Joanne Reisman
answered on Jun 8, 2019

You should have made sure that the divorce decree awarding you the house contained the legal description of the house you were awarded. Then you only need to take a certified copy of the divorce decree awarding you the house to who ever you need to make changes. So if your decree doesn't... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Oregon on
Q: My landlord said his RV he's renting me is illegal. I believe laws are being broken with illegal thing, power sewer&more

The RV septic connected to the other RV septic that connects to the main house. It fills up and sewer runs under the RV below. I never see a power meter man come read my meter and he chooses to charge me anything over 50 bucks used. How does he know how much I should pay just by looking at my... View More

Gregory L Abbott
Gregory L Abbott
answered on May 31, 2019

You may well have claims against your landlord but you will need to review it all with a local landlord-tenant attorney to know for sure and exactly what. The obvious solution, however, is for you to simply move - something you are likely going to have to do before long anyway if your set up truly... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oregon on
Q: My neighbor has encroached on my property by building a horse pen. It has been three years. Options?

The neighbor built a horse pen and temporary barn on my lend. It has been weight years since this happened. I want to move it back, but have been told I lost my rights as this is now an adverse person.

Lately he has moved the pen boundary again.

John Christopher Minor
John Christopher Minor
answered on Apr 25, 2018

It takes 10 years to gain title by adverse possession, and even then an adverse possession claim requires the presence of certain elements; mere occupancy is not sufficient. See a lawyer. He or she can advise you as to the strength or weakness of the neighbor's claims, and what remedies are... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oregon on
Q: Homeowners fighting with HOA over longstanding deck

My friends bought a house recently that has a deck that apparently extends ~10' into land owned by the neighborhood. The deck has been there 20+ years [possibly since the house was built]. The HOA is demanding that they remove it. Do they have any legal standing to keep it? Note that... View More

John Christopher Minor
John Christopher Minor
answered on Apr 25, 2018

Merely being there for ten or more years does not automatically transfer ownership under the doctrine of adverse possession, or create an easement (by prescription). However, I think there is a good chance you do have a prescriptive easement. I suggest you see a real estate attorney, who can... View More

2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Oregon on
Q: My husband inherited piece of rural property with known encroachment and building was to be torn down at buyer expense.

We own adjoining property and own the well which we agreed to 6 months well usage. Has been 2 years. Sister was trustee but didn't include documents pertaining to these 2 issues in closing papers and refuses any help to get figured out. We're on social security and this was supposed to be... View More

Joanne Reisman
Joanne Reisman
answered on Feb 2, 2018

Your post is confusing because you talk about inheriting property then switch to talking about something being torn down at the "buyers" expense. So somehow there are two pieces of property and a Well on one property and the adjacent property has "well rights" of some sort.... View More

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Oregon on
Q: In 2008, I bought a lot with a retaining wall built into an easement. That wall is failing. Can I fix / replace it?

In 1985, two adjoining lots were purchased within a new subdivision in the Town of Oregon, Wisconsin. The lots have a significant grade. The original owner built a house on the downslope lot. The back of the house faces the adjoining lot line, ranging in distance from 12 feet (near corner) to 20... View More

Joanne Reisman
Joanne Reisman
answered on Jul 5, 2017

You posted this question to Oregon Lawyers as in the State of Oregon. Try posting it again so it gets sent to lawyers in Wisconsin. Also, speaking generally as a lawyer (in Oregon), it sounds like the type of problem you really need to discuss face to face with a lawyer in an office. Justia is... View More

1 Answer | Asked in Agricultural Law, Land Use & Zoning and Environmental for Oregon on
Q: I'm a hobbyist woodworker, what are the rules in place for collecting fallen trees in Oregon?

How does location take effect? Roadside, wilderness or even public spaces?

Gregory Andrews Cade
Gregory Andrews Cade
answered on May 10, 2017

Hello. For information about personal firewood collection in Oregon forests you can access this link:

http://bit.ly/2qqCEt7

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Oregon on
Q: Oregon- When a neighbors tree falls causing substantial damage who owns the tree?

A neighbors 87 year old Myrtle tree fell in our yard causing substantial damage to out structures pulling out all services within the home. We have been in a hotel for 3 weeks. The tree lays 85 x 50 x 40 feet high across 2 of our lots. The cost to remove the canopy was $10,500 with an additional... View More

Joanne Reisman
Joanne Reisman
answered on Apr 26, 2017

Call your home owner's insurance and let them take care of it. If your neighbor sues you they will defend you. Just pay your deductible. I think your neighbor is responsible for the tree falling on your house. A property owner needs to inspect trees and make sue they are stable. (I... 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 Land Use & Zoning for Oregon on
Q: In Oregon can 3 adults a baby and a dog legally live in a one bedroom apartment?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 26, 2016

Depends on the city: http://www.sightline.org/2013/01/02/the-roommate-gap-your-citys-occupancy-limit/

Fire code may also then have limits based on the number of bedrooms.

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