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Oregon Real Estate Law Questions & Answers
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 Real Estate Law and Probate for Oregon on
Q: How to ensure trust property division.

House is in a trust left to 5 siblings. 1 sibling wants to cash out. 2 of the siblings are willing to buy him out. How do we record the transaction to reflect: Bought out sibling has no future interest in the house. 2 siblings who bought him out now each own his share 50/50. New entitlement =... View More

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

You need an attorney...to draw up an agreement and make certain all are in agreement. It appears you are going to leave the property in the trust and are simply modifying the trust. It may be possible to modify the trust based on the written agreement of all the parties, but in some cases it can... 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

1 Answer | Asked in Real Estate Law for Oregon on
Q: Is an expired real estate sales agreement binding and continuable by buyer if seller failed to resolve contingency?

Closing date passed last year on 7/3/17. Contract was contingent on a water well to be completed, but it did not happen in the short time allowed (less than 2 months). Buyers did not provide me (seller) with financing updates and apparently was not ready to close with funds either. OREF website... View More

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

It is not possible to answer your question without seeing the document and knowing what communications took place between buyer and seller. In general, a contingency is for the benefit of a specific party. If for the benefit of the buyer, the agreement may state that the contingency is waived, or... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: In oregon we must get a written notice about eviction on the property of tenancy right?

Our dad pays rent but doesnt live on the property. The bills get sent to him in another county. The landlord knows that and also knows that My boyfriend and i are the only ones that have actually lived on property for the past 8 years.

Apparently the landlord has sent a text about us... View More

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

If this is residential property (which appears to be the case) written notice, in conformity with Oregon's residential landlord tenant act, must be given to whoever is a tenant, as defined in the statute.

1 Answer | Asked in Real Estate Law for Oregon on
Q: is an "easement reserved to SELLER" transferable to the sellers successors
John Christopher Minor
John Christopher Minor
answered on Apr 25, 2018

In general, if the nature of the easement is to provide a permanent benefit to/for other property owned by the Seller, the easement would be considered "appurtenant" to the other property, and the benefit of the easement would transfer with the transfer of title to the other property.... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: I have a "Statutory Warranty Deed" for property purchased 15 years ago at a tax auction from a defunct HOA.

I have two questions regarding my legal rights & obligations.

Question #1: Can my neighbor use this property to put his drift-boat dock on my land?

Question #2: If he should get injured on my property (Lot A) can he sue me?

Joanne Reisman
Joanne Reisman
answered on Apr 25, 2018

As to your first question, because a lawyer can be sued for malpractice it is just not a good idea to answer questions like the type you have through anonymous contact on a website where the lawyer can't review the actual documents and ask questions. I certainly wouldn't attempt to... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: within 3 feet of the boundary line common to burdened and benefited properties.

This means within 3 feet of prop. line/on both sides of the prop line. Right?

Joanne Reisman
Joanne Reisman
answered on Apr 23, 2018

I have no idea what you are talking about. I think you are looking at language in some specific document and assuming that it is some type of universal language that an Attorney can explain to you. If this is something that is important to figure out I would set up a consultation with an Attorney... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Law and Real Estate Law for Oregon on
Q: do i have a right to purchase inherited property after working for housing only for 13 years,can they sell and evict me

my siblings sabataged my duties as claiming sucessor by delaying a sale by acussing me of murder to begin with,then getting the buildings pulled off the market twice,costing 17 months out of 24 then turned around and sued me for partition,i was removed as manager and all rent money taken before a... View More

Joanne Reisman
Joanne Reisman
answered on Apr 22, 2018

You simply can't put something this complex on a website, summarize what happened and ask a question and expect a decent answer. No competent Attorney is going to try to answer something this complex. They will need to sit down with you and review everything that happened and advise you and... View More

2 Answers | Asked in Real Estate Law for Oregon on
Q: Can sellers collect offers, require all to submit “your best offer” in writing and choose the best one?

We were told our realtor is not allowed to even know how many offers came in. Ours was a full price offer within hours of the listing- we requested the lawn tractor as an additional.

Joanne Reisman
Joanne Reisman
answered on Apr 20, 2018

This answer is made based on Oregon Law:

Technically a seller is offering to see at a specific price and you are correct that a buyer stating that they agree to buy at that price should technically be an acceptance and that makes a binding contract. But in real estate sales there are many...
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1 Answer | Asked in Real Estate Law for Oregon on
Q: What does two people NOT as tenants in common but rights of survivorship mean?
Joanne Reisman
Joanne Reisman
answered on Apr 19, 2018

This answer is ONLY for real estate in Oregon - so if this is the title for real property in Oregon, this language means that when one owner dies, the other owner instantly becomes the owner of the property because they are the survivor. In contrast, tenants in common would mean that each owner... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Oregon on
Q: When purchasing land of deceased parents from son with power of attorney, what documents are required?

Mom is still alive and has alzheimer's, but she can sign if necessary. Son has power of attorney to sign for both of them. Thank you!

Joanne Reisman
Joanne Reisman
answered on Apr 9, 2018

I'm afraid that the information you have given doesn't answer all the questions an attorney will need to ask to figure this out. What I can tell you is that a Power of Attorney is void as to the person who gave that power but is now dead. Also a Power of Attorney may be void as to a... View More

2 Answers | Asked in Real Estate Law and Civil Rights for Oregon on
Q: supreme court case on trespass. legal description of lot 50' X 330' new home owner wants to reduce my lot by 5'

recorded documents incorrectly at county offices make a survey impossible without a boundry line agreement. with the new owner hostility and aggressive confrontations I put a fence on my legal description of lot. New owner will remove my fence if I don't sign over the 5' which i will have... View More

Joanne Reisman
Joanne Reisman
answered on Apr 8, 2018

There is no such thing as a survey being impossible. Get a surveyor and work out the boundaries of your lot using your legal description in your deed and the maps filed with the county. A surveyor can file a new map with the county if the old map is wrong.

Land surveys sometimes have to...
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1 Answer | Asked in Real Estate Law and Civil Rights for Oregon on
Q: what's more important a deed, proposed boundry or legal description of property when a survey cannot be completed

14yrs ago I purchased a lot in vanc wa. new home owner purchased to the east of me and claims my property and charged me with trespass.

with property being recorded incorrectly it is impossible to have survey done. why is no one looking at the legal description filed with the... View More

Joanne Reisman
Joanne Reisman
answered on Apr 8, 2018

A professional surveyor can survey the property and place markers to show where the boundary lines are. The legal description as currently written may or may not be correct. If it is correct then creating physical markers to show where the boundary lines are will alleviate you and your neighbor... View More

2 Answers | Asked in Family Law, Real Estate Law and Probate for Oregon on
Q: My father passed away we owed the home jointly my step mom is now trying to sell the home without my consent

I and my father are still shown as owners on the deed. She took advantage and married him on his deathbed while he was not in his right mind. Can she legally take and sell my property

Joanne Reisman
Joanne Reisman
answered on Mar 27, 2018

If there are two legal owners on the title to real estate the property cannot be sold until both owners agree to the sale. Your other recitals raise some legal questions about whether your step mom used undue influence to obtain her share of the property. You will need to go an talk to an... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Does a 90 day no cause eviction have to be filed with the court system to be valid?

Or is simply posting a notice enforcable? I rent a room from the homeowner and she has decided to terminate my 1 year lease by posting a notice on my door. Do I have any rights as a tenant?

Gregory L Abbott
Gregory L Abbott
answered on Mar 12, 2018

I am not clear on your situation. A landlord may serve you with a 90 day no cause termination of tenancy notice so long as by the time it becomes effective (i.e. day 90 or later) you are on a month to month tenancy. A landlord may not terminate a fixed-term lease early with any form of no cause... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Oregon on
Q: Roommates agreed to 3 months but left in the night after 1. They left trash and a trailer full of their stuff...

We did not have them on a lease but I have texts and emails showing they agreed to pay for 3 months. They left after a month in the middle of the night, leaving us to pay their half of the rent which we cannot afford. He also left a trailer full of his stuff on our private property and I assume he... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 11, 2018

It is not clear whether you are just a co-tenant/roommate or a landlord either leasing to them or subletting to them. Regardless, anything more than a month to month tenancy requires a written rental agreement, specifying the term of the lease, etc., signed by the tenant's sought to be bound... View More

1 Answer | Asked in Contracts and Real Estate Law for Oregon on
Q: Want Out of a buyer broker agreement because he real estate agent wasn’t suitable . Company told us we have to pay 2500

At the bottom of the agreement it says all lines with arrow must be signed. The principal broker did not sign the agreement.

She gave us three options .

Work with another agent

Pay 1 percent of purchase price

Or make our new realtor pay them half her commission .... View More

Joanne Reisman
Joanne Reisman
answered on Feb 28, 2018

Most listing agreements have an expiration date. Can't you just wait until the agreement expires and hire someone else? Why would you owe them any money unless they brought you and offer that was at the agreed asking price? I would take the contract to a lawyer because no one is really... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Tenant and I agreed to rental terms prior to Application Approval verbally. Tenant claims we have a binding agreement.

A Father came to look at our rental for his newly graduated college son. I gave the Father a Rental Application as well as an Oregon Rental Application Addendum & Fee Disclosure. The Father dropped of both signed agreements (by his son) two days later with a $50 non-refundable processing fee.... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 27, 2018

IF there is to be an early termination fee, then it MUST be a fixed term lease and not a month to month. Fixed term leases MUST be in writing, signed by the parties. Only month to month tenancies can be by verbal agreement alone. Now you may still have problems with unhappy tenant(s) and it is a... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: Myself,adult son,adult daughter and her boyfriend moved into apt over a year ago..complex manager approved all of us.

With my son being the only one written on the lease, and 2dogs. She knew about each of us living here and gave us approval to live here. 3 months ago she lost her job here and a new manager was brought in. Daughter and boyfriend moved out in may 2017. Now we are being harassed about myself telling... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 23, 2018

You should have been at least listed on the lease as permitted occupants - but that is behind you now. As long as they accepted rent for 3 or more months knowing you were there, they likely have waived their right to terminate your son's lease or evict you directly. However you don't... View More

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