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Oregon Land Use & Zoning Questions & Answers
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 contain... Read 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... Read 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... Read 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... Read 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 there's... Read 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... Read 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 reviewed... Read 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. Not sure what the... Read 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... Read 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... Read 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:

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... Read 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 watched a... Read 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 right to... Read 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:

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

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