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Oregon Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Oregon on
Q: My HOA is placing a large assessment on my home, and will not show me where my money was spent

HOA has never once had a meeting or vote, however, treasurer owns 13/20 homes in the HOA, and has been "voting" by himself, winning by majority. I am selling my home and told of an 9200 assessment due to depletion of funds and to pay off a loan they took out without notifying homeowners.... Read more »

Katherine Goodman
Katherine Goodman
answered on Oct 21, 2022

There is no question for any attorney to answer on this platform.

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... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Oregon on
Q: In leaving my house to my step-daughter. Is it better to add her name to the property before I die, or will it to her?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 29, 2022

Executing a Deed to her takes effect now, even if it is a vested Remainder taking possession at your death. Wills must be Probated for the Will to have any effect, which also attracts other relatives and creditors.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I have a renal agency coming after me for money and it has been 2 years and 2 months since I moved out, is this legal?

Apartment in Portland, Oregon. I read OR 12.125 and wondered if this applies to my situation.

Katherine Goodman
Katherine Goodman
answered on Sep 1, 2022

Short answer is maybe, because without more facts it is difficult to answer your question. It would be important what your former landlord is alleging that you owe them, if you were evicted from the property and a judgment was entered against you which creates a lien, if an accounting statement was... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: Does a real estate attorney cover everything pertaining to the sale of a home?

Would this cover all the paperwork needed to sell the house?

Katherine Goodman
Katherine Goodman
answered on Jul 13, 2022

Not all real estate attorneys practice every facet of real estate law. You will need to contact the attorney to find out if they can assist you with the area of law you need help with.

good luck.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Do tenants have right to cure in Oregon with 30 days notice?
Katherine Goodman
Katherine Goodman
answered on Jul 12, 2022

It depends on the violation of the lease agreement. Under Oregon Law certain violations allow the tenant 14 days to cure the violation and if the violation is not cured by the deadline stated within the Notice to Cure, the tenant's tenancy will be terminated within 30 days of the notice being... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Question on maintenance on outside trees for an HOA when damaged is done to a vehicle

I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 17, 2022

To safely answer the question, I would need to see the underlying lease agreement and contract with the HOA and consider the contractual issues along with the statutes under ORS 90 or ORS 91 depending on the type of tenant is involved. The contract may require the HOA maintain the trees. There... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: I recently bought property from a friend. We closed escrow May 13 but she won't leave. What do I do?

We have both resided on the same property for 3 years. I recently bought it and she was supposed to leave for New Mexico. Our purchase agreement says property will be delivered at funding. Now she has had all of the money for almost 6 weeks and has only packed a few boxes and there is trash... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 14, 2022

You will have to hire a competent OR attorney to file an eviction proceeding.

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: I live in Oregon. My son is occupying the house I own without my permission by force and refuses to leave. What do I do?
Katherine Goodman
Katherine Goodman
answered on May 24, 2022

If your son is trespassing on the property, you should call your local police department. However, you may need to consult a local landlord tenant or real property attorney to assist with ejectment. It sounds like you do not have a lease agreement with you, but there are a lot of facts that could... Read more »

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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... Read 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... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Oregon on
Q: Removing trustee from the Deed.

I, as one of the two beneficiaries of the private trust wishes to remove/replace crooked trustee from Klamath county records, as he refused to give me customized contents of the private trust, that he created rendered Foul Play. Title co. informed me there are 4 other uninsured deeds recorded... Read more »

Theressa Hollis
Theressa Hollis
answered on Apr 11, 2022

I'm sorry but you have not asked a question. I recommend you hire an experienced trust litigator to assist you. How you are able to change Trustees will depend on the terms of the Trust Agreement.

1 Answer | Asked in Construction Law and Real Estate Law for Oregon on
Q: My wife and I rented a condo. Construction next door knocked out a pipe and the entire complex had no water for 52 days.

It was during the holidays and we were forced to put a hotel on and meals on our credit card. Recently the insurance company agreed to pay for all but 20 dollars a day for our meal expenses. The entire situation really put us in a bad spot and now the insurance company for the construction company... Read more »

Katherine Goodman
Katherine Goodman
answered on Mar 29, 2022

If you have not contacted your landlord about reimbursement of the unpaid bills you can contact them as the landlord's insurance should pay for those as well. Additionally, as you are a renter you can contact a local landlord tenant attorney for advice on how to handle the request for... Read more »

1 Answer | Asked in Real Estate Law and Probate for Oregon on
Q: We bought real property from our Father.

The (down payment) proceeds we're transferred into a living trust but a promissory note for the balance was not transferred into the living trust before our Fathe passed. This promissory note was held by our Father alone (did not include his surviving spouse) and represents a lean on our real... Read more »

Theressa Hollis
Theressa Hollis
answered on Mar 15, 2022

It's possible that your father assigned his interest in the promissory note to his Trust before he died. If not then it's too late to transfer it into the Trust - the balance of the promissory note will need to be probated. I recommend you consult with a probate attorney who can look at... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Oregon on
Q: My elderly grandparents have been convinced by family friends to give them their estate. What can I do?

My Grandparents are kind people and have housed a family friend for the past several years. She has convinced them that when they die she should get their house and the estate for nothing. She has evidently written up a contract that no one else in the family is allowed to see. The impression we... Read more »

Theressa Hollis
Theressa Hollis
answered on Jan 31, 2022

If you believe that your grandparents are being taken advantage of I recommend you contact Adult Protective Services in the county in which they live.

1 Answer | Asked in Real Estate Law for Oregon on
Q: Can a person sell or donate their share of an undivided property without the consent of the other owners?

In the State of Oregon

Katherine Goodman
Katherine Goodman
answered on Jan 11, 2022

Without knowing more facts about the property, what your share of the property, and the terms of the agreement that you and the other owners entered into, it is unlikely. If you not have had a real estate attorney review the contract, agreement, you have with the other owners you should do so... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: Is an "Agreement to Occupy after Closing" void if insurance requirement is not met by seller?

We are purchasing a home in Oregon. Seller wishes to remain in possession for 7 days after closing. Both parties have signed an Oregon standard "Agreement to Occupy after Closing " addendum, which requires that the seller provide renter's insurance naming the buyer as an... Read more »

Katherine Goodman
Katherine Goodman
answered on Jan 7, 2022

You should contact a real estate attorney to have them review the document that was signed as there could be additional facts or language of the document which could affect the analysis of your question.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Do I have to pay back relocation fees in Oregon if I don't move on time?

My landlord gave me a no-cause eviction because he plans to sell the house. He paid the relocation fees as well. I have found a new house, but it is not available until 1 week after the termination date. He is pretty insistent that I need to be on the specified date. It would not be easy for me to... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Nov 30, 2021

In the end, as always, it would be up to the Judge. I know of no prior court decisions to guide, let alone control, a Judge's decision on this matter. That said, if I represented a tenant, I would argue that the payment was mandated to help provide funds for a tenant to move and they did. The... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Is my landlord allowed to tell me when I can and can't leave my place of rent? And can he have cams on outside of house?

I rent a bedroom in his 2 br house. He lives in the basement. He's constantly coming upstairs to make himself food or to let his friends crash on the couch in my livingroom. Now he's trying to tell me when im allowed to leave and when I can't. Hes been difficult with me all suddenly... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Nov 19, 2021

It depends a bit upon exactly what you rent. IF you do indeed just rent a bedroom and have rights to use the rest of the common areas (kitchen, living room, etc.), then he has as much right as you to have friends stay on the couch (you can have your friends stay as well - and see how he feels... Read 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
PREMIUM
Anthony M. Avery
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... Read more »

1 Answer | Asked in Contracts, Family Law and Real Estate Law for Oregon on
Q: My boyfriend and I own a home. I put up the money for it. We are splitting. Do I have any rights to the money or home

I took a loan from my 401k. I want to stay in the house. I don’t know if he will leave.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 6, 2021

When an unmarried couple separates, Oregon courts attempt to determine the parties’ intent when deciding whether and how to divide property acquired during the relationship. The key inquiry is whether the parties intended to “pool their resources for their common benefit.”

You...
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