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Oregon Real Estate Law Questions & Answers
3 Answers | Asked in Car Accidents, Insurance Defense, Real Estate Law and Personal Injury for Oregon on
Q: Is it legal for a California resident to borrow and drive my Washington-registered car?

I have a car registered and insured in Washington, and a family member living in California wants to borrow it. They plan to use the car for commuting to work for a year, as they do not have a car of their own. Is it legal for my family member to drive my Washington-registered car in California?... View More

Brad  Holbrook
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answered on Jun 8, 2025

There are two key considerations in this situation:

- Does failing to register the vehicle within the required timeframe in California violate the state's registration rules?

- How does this impact your contractual obligations with your insurance company?

You should...
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3 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: How to update will and add husband to house title in Oregon?

I have a will and a house currently in a trust. Since remarrying, I want to update my will and ensure my husband is added to the house title, as I wish for him to inherit the house when I pass. I have not consulted a legal or financial advisor yet. My three children are beneficiaries in my will,... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on May 20, 2025

First, confirm that the deed to your home is in the name of your trust. If so, then you will need to amend your trust to add your husband as a trust beneficiary. If the deed to the home is not in the name of your trust, then you should transfer ownership to your trust, and then amend the trust to... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: How to update will and add husband to house title in Oregon?

I have a will and a house currently in a trust. Since remarrying, I want to update my will and ensure my husband is added to the house title, as I wish for him to inherit the house when I pass. I have not consulted a legal or financial advisor yet. My three children are beneficiaries in my will,... View More

Theressa Hollis
Theressa Hollis
answered on May 20, 2025

When you married your Will was automatically revoked so it is very important that you consult with your estate planning attorney to update your documents. When someone has a revocable living trust they also have a Will (we call it a Pourover Will) that directs all probate assets back into the... View More

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2 Answers | Asked in Civil Rights, Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for Oregon on
Q: What legal actions can I take after being arrested for disorderly conduct without cause and facing mistreatment by police and during jail processing?

While dealing with car issues on the side of the road, I was approached by a police officer who insisted I provide identification, even after I explained my situation and requested him to move his vehicle. When I declined, stating I hadn't committed a crime, he arrested me for disorderly... View More

Brad  Holbrook
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answered on Apr 26, 2025

I am very sorry that you were forced to endure this event. There may be facts to this event that would change my answer, and if you want to pursue any legal action, you will need to discuss this with an attorney, as you know this is intended to give you a broad idea of what your issue(s) involves.... View More

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3 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Is it legal for my landlord in Oregon to visit excessively for maintenance?

In Oregon, my landlord often shows up, sometimes without notice, to work on the outside of the house for excessive amounts of time—up to 20 days in a month. The jobs, which could take just a couple of hours, are being dragged out across several days, and it seems like a way to monitor my... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 22, 2025

You may or may not have claims for his visiting without at least 24 hrs advanced notice depending upon the exact details. As for frequency, a landlord may enter your property for maintenance and a variety of purposes, normally only with at least 24 hours advanced notice, as often as necessary to... View More

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2 Answers | Asked in Agricultural Law, Civil Litigation, Real Estate Law and Personal Injury for Oregon on
Q: What rights do I have to stop my neighbor's irrigation from damaging my property?

I live in Eastern Oregon on a small acreage outside of city limits with irrigation water rights. Since last fall, my neighbor, who owns a 40-acre parcel and usually grows alfalfa, has adjusted his wheel line to water several feet over onto my property, damaging the back of my shop, my fence,... View More

Jina Ly Clark
Jina Ly Clark
answered on Apr 15, 2025

It sounds like you have a case of trespassing water on your land. You will need to get estimates of what it costs to fix the problem and to prevent further damage. You may need injunctive relief if there is no way a contractor can remedy the situation. Also you will need your contractor to serve... View More

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3 Answers | Asked in Probate, Estate Planning, Business Law and Real Estate Law for Oregon on
Q: How do I find out if my late father had a will in Oregon and if anything was left to me?

I recently discovered that my father passed away in Oregon in 2022, but no one notified me. He was not married and had three surviving children, including myself. He owned a business, his home, and a vehicle. I've been in contact with his sister, who appears to be preparing to sell his house,... View More

Theressa Hollis
Theressa Hollis
answered on Apr 3, 2025

If you have not received notice of a probate in the mail, then it’s possible that your father may have had a revocable living trust at his death. His sister may be the trustee of the trust with authority to sell the house. If you give me a call I can check for a probate in the Oregon court system... View More

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3 Answers | Asked in Probate, Estate Planning, Business Law and Real Estate Law for Oregon on
Q: How do I find out if my late father had a will in Oregon and if anything was left to me?

I recently discovered that my father passed away in Oregon in 2022, but no one notified me. He was not married and had three surviving children, including myself. He owned a business, his home, and a vehicle. I've been in contact with his sister, who appears to be preparing to sell his house,... View More

Jim Boness
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answered on Apr 3, 2025

Under Oregon law, any person who has custody of a will is required to deliver it to the court with jurisdiction over the estate or to the personal representative named in the will within 30 days of learning of the testator's death. This ensures that wills are properly filed and accessible for... View More

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Is it mandatory to provide and maintain "as-is" appliances in a Gresham, OR triplex?

I own a triplex in Gresham, OR, with two tenants. One tenant, currently on a month-to-month lease, will be signing a new lease with a roommate. We've agreed on the rent and security deposit, but I want to specify that the washer, dryer, dishwasher, and blinds are provided "as-is" due... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 7, 2025

The general rule is that a landlord has no obligation to provide appliances to a tenant. But if they do, they are obligated to maintain the appliances throughout the term of the rental agreement. Presumably a dwelling rents for more with appliances than without so part of a tenant's rent is... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Contracts and Personal Injury for Oregon on
Q: What can I do to retrieve belongings from escrowed property?

I had my vehicle and travel trailer stored on a friend's property in Dorena, Oregon, where I was paying storage fees, but I didn't have a formal written agreement. My friend has passed away, and the property is now in escrow. I wasn't given any notice to remove my belongings. I have... View More

Brad  Holbrook
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answered on Feb 14, 2025

I'm sorry for the loss of your friend. You should be able to use self-help to retrieve your vehicle and trailer if you can do so peacefully. You should find out who is currently in charge of the security of the property--if it's in probate, the personal representative. It could very well... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: Does the spouse of a grantor of a deed that states "tenancy in common with right of survivorship" have any claim?

Does the spouse of a grantor of a deed that states "tenancy in common with right of survivorship" have any claim to the property after the grantor dies if one of the co-owners (a grantee) of the property is still living? This is in a non-community state. Does that make the spouse of the... View More

Theressa Hollis
Theressa Hollis
answered on Jan 13, 2025

I recommend you have an attorney review this Deed for you. It sounds to me like this property is owned by (likely) two people (the Grantees) with a right of survivorship. This means that if one owner dies the remaining owner continues to own 100% of the property. The spouse of the deceased owner... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: Does the spouse of a grantor of a deed that states "tenancy in common with right of survivorship" have any claim?

Does the spouse of a grantor of a deed that states "tenancy in common with right of survivorship" have any claim to the property after the grantor dies if one of the co-owners (a grantee) of the property is still living? This is in a non-community state. Does that make the spouse of the... View More

Anthony M. Avery
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answered on Jan 12, 2025

The surviving tenant in common will be the owner in fee if what you state is accurate. That tenant in common will be a grantee, not a grantor. The grantors' interest were extinguished by the deed conveyance, so the spouse of a grantor is irrelevant. Hire an OR attorney to search the title.

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1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Municipal Law for Oregon on
Q: Who is liable for an injury on a non-maintained county road, the county, residents, or those who volunteer to maintain?

I am in the process of executing a purchase agreement for a rural property that is accessed by (but does not abut) a county "public access road." The county owns the road but does not maintain the road. They state that the area residents are responsible for maintaining the road. There... View More

Tim Akpinar
Tim Akpinar
answered on Jun 4, 2024

An Oregon attorney could advise best, but your question remains open for a week. It could be difficult to offer a simple and direct answer to your question. There are no guarantees, and anyone who is injured is probably going to name all possible parties who have association with the road, either... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: Does a Last Will and Testament trump a Bargin and Sale Deed? Which has the stronger legal case?
Theressa Hollis
Theressa Hollis
answered on Apr 23, 2024

A Last Will and Testament only controls assets that need to go through probate after the testator's death. This means that any assets that were given away, sold or that had a joint owner or beneficiary named are not controlled by the Will. If the person signed a Deed that was recorded before... View More

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1 Answer | Asked in Real Estate Law for Oregon on
Q: My aunt never removed her name from house deed after my father bought it. He passed and now she is trying to take it.

My father passed in 2022, no will as I am the only living child. My aunt owned the house in the ,80s and my dad bought it in the early 90s. She and her ex husbands names were still on the deed. They paid some of the past taxes and now are claiming it is their house.

What can I do?

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear about your father's passing and the difficult situation with your aunt. Here are some steps you can take to address this issue:

1. Gather documentation: Collect any paperwork that proves your father purchased the house from your aunt in the early 1990s, such as a...
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2 Answers | Asked in Real Estate Law and Tax Law for Oregon on
Q: Can you avoid/ reduce capital gains tax from the sell of land by reinvesting atleast 75% of the profit into new land?

Land would be in a opportunity zone in oregon.

Sell of land is in oregon as well.

James L. Arrasmith
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answered on Apr 1, 2024

Investing capital gains from the sale of property into an Opportunity Zone can provide tax benefits, but it does not automatically avoid capital gains tax. Here's some information about Opportunity Zones and capital gains:

1. Opportunity Zones: These are economically distressed areas...
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2 Answers | Asked in Real Estate Law and Tax Law for Oregon on
Q: Can you avoid/ reduce capital gains tax from the sell of land by reinvesting atleast 75% of the profit into new land?

Land would be in a opportunity zone in oregon.

Sell of land is in oregon as well.

Benjamin A. Goldburd
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Benjamin A. Goldburd
answered on Apr 4, 2024

There are ways to avoid or reduce your capital gains from the sale of land. Commonly accepted methods are transactions involving a 1031 Exchange or investing the gain in Opportunity Zones. With a 1031 Exchange, you must use a Qualified Intermediary which holds the sale proceeds of the land, and... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Oregon on
Q: Can someone trespassing on your property record you even when you have told them they may not?

The area where the person was recording was NOT visible from anywhere in view or even by air (think thick grove of trees). The person being filmed was clear about not being recorded. No crime of any kind was being committed by the landowner. The person filming was trespassing after being told not... View More

James L. Arrasmith
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answered on Feb 24, 2024

In Oregon, recording someone without their consent in a private place where they have a reasonable expectation of privacy is generally illegal. If you explicitly told the person not to record you on your property and they proceeded to do so anyway, their actions may constitute a violation of your... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Oregon on
Q: Landlord leased apartment to someone else before I could view it. What are my options?

I was planning to rent an apartment and the landlord sent me the lease agreement while I was out of state, agreeing we could wait until I arrived in Oregon to view it. Upon my arrival, I found out it had already been leased to someone else. We had communicated via email but did not set a specific... View More

James L. Arrasmith
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answered on Jul 12, 2025

You had a clear understanding that the landlord would hold the unit for you until you could view it in person, and you relied on that agreement before making plans to relocate. Even without a deposit or formal holding fee, the email exchange can be evidence of a contract under the doctrine of... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Can I sue my landlord for failing to enforce lease violations, endangering my safety, and raising my rent in retaliation

Over the past year I’ve been subjected to serious, ongoing harassment and dangerous activity from a neighboring tenant. I have extensive video evidence from my Ring camera showing:

• The neighbor threatening my life, harassing me directly through my Ring camera, and yelling obscenities... View More

James L. Arrasmith
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answered on Jul 10, 2025

You have a right to live in a safe, peaceful home, and your landlord’s repeated inaction may give you grounds to sue. By ignoring serious threats, drug activity, and noise that worsens your health, they could be breaching the implied covenant of quiet enjoyment—basically, your right to use and... View More

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