Oregon Land Use & Zoning Questions & Answers

Q: My neighbor has encroached on my property by building a horse pen. It has been three years. Options?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oregon on
Answered on Apr 25, 2018
John Christopher Minor's answer
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 available.

Q: Homeowners fighting with HOA over longstanding deck

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oregon on
Answered on Apr 25, 2018
John Christopher Minor's answer
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 discuss the history of the situation and determine whether the factors which would give rise to a prescriptive easement are present.

Q: My husband inherited piece of rural property with known encroachment and building was to be torn down at buyer expense.

2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Oregon on
Answered on Feb 2, 2018
Joanne Reisman's answer
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. Not sure what the county wants you to do but I am guessing that you want to sell some parcel of property that has a "well rights" issue and the county wants that resolved. All I am going to throw out here is have you...

Q: In 2008, I bought a lot with a retaining wall built into an easement. That wall is failing. Can I fix / replace it?

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Oregon on
Answered on Jul 5, 2017
Joanne Reisman's answer
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 only meant for getting general advice to help look at problems from a legal perspective. It is not really meant to give you a definitive piece of legal advice in your particular situation. Lawyers...

Q: I'm a hobbyist woodworker, what are the rules in place for collecting fallen trees in Oregon?

1 Answer | Asked in Agricultural Law, Land Use & Zoning and Environmental for Oregon on
Answered on May 10, 2017
Gregory Andrews Cade's answer
Hello. For information about personal firewood collection in Oregon forests you can access this link:


Q: Oregon- When a neighbors tree falls causing substantial damage who owns the tree?

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Oregon on
Answered on Apr 26, 2017
Joanne Reisman's answer
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 watched a program recently here in Portland and the arborist was saying that the majority of tree that fall could have been prevented. They get rotten and there are signs that a trained arborist could have...

Q: I own multiple shares of Weyerhaeuser REIT. Could I be arrested for trespassing or do I have a right to access the land?

1 Answer | Asked in Land Use & Zoning, Criminal Law, Real Estate Law and Agricultural Law for Oregon on
Answered on Oct 19, 2016
Joanne Reisman's answer
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 right to inspect the trust holdings however. Why don't you just contact the administrators of the trust and ask them if you can have access? If you run into problems then contact an attorney.

Q: In Oregon can 3 adults a baby and a dog legally live in a one bedroom apartment?

1 Answer | Asked in Land Use & Zoning for Oregon on
Answered on Feb 26, 2016
Mr. Michael O. Stevens' answer
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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