Full question:
I own a property that has about 6' of the building and an attached deck of +/- 3' wide & 15' long. On old and current plats, this addition shows as 'encroachment'. The surveys go back to c.1989. As the encroached land belongs to the Port of Brandon, OR. Do I have any 'setter's rights', as neither I nor previous owners have ever been sent a notice by the Port. I have been told that a notice must be given within 3 years. I am now planning to sell the property and need to clarify this situation.
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: Oregon
Answer:
Adverse possession allows a person to gain title to land owned by another after occupying it for a specific period, as defined by state law. To establish adverse possession, the occupation must be actual, open, notorious, exclusive, continuous, and hostile, giving the original owner notice and a chance to contest the claim.
In Oregon, to claim ownership through adverse possession, you must demonstrate:
- Continuous and exclusive possession for ten years.
- A belief that you are the rightful owner, which must be honest and reasonable.
- Clear and convincing evidence of these elements.
Certain public properties, including land owned by governmental entities like the Port, are generally not subject to adverse possession claims. If the Port has not sent any notice regarding the encroachment, it does not automatically grant you rights to the land. However, you may want to consult a legal professional to explore your specific situation further.
For more information on Oregon's adverse possession laws, refer to ORS 105.620.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.