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Whether or Not to Settle an Adverse Possession Case

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  • 01-20-2015, 05:10 PM
    Rigel
    Whether or Not to Settle an Adverse Possession Case
    My question involves real estate located in the State of: Oregon

    Currently I'm involved in a adverse possession dispute that, if I hold out, I will almost certainly win. Really.

    I am shocked beyond shocked that, after acquiring the piece of land, a simple piece of paper could be filed and then I could potentially have to settle in some way or go to trial.

    Mind. Blown. :wallbang::mad:

    So, really at this point, I guess I'm just looking for generic advice for people's advice - wait something out which you will almost certainly win or settle?

    I know the pros and cons (I think) but I'm wondering if maybe there is something I'm not thinking of...
  • 01-20-2015, 07:41 PM
    adjusterjack
    Re: To Settle or Not
    Quote:

    Quoting Rigel
    View Post

    Currently I'm involved in a adverse possession dispute that, if I hold out, I will almost certainly win. Really.

    I've been on legal websites for 14 years and the most important thing that I have realized is that I'd be incredibly wealthy if I had a buck for every time somebody wrote what you just wrote.

    Get this through your head. In any kind of litigation there is no such thing as "I will almost certainly win."

    Quote:

    Quoting Rigel
    View Post
    So, really at this point, I guess I'm just looking for generic advice for people's advice - wait something out which you will almost certainly win or settle?

    I know the pros and cons (I think) but I'm wondering if maybe there is something I'm not thinking of...

    Here's what you're not thinking of:

    How the heck can anybody comment on whether you settle or not without knowing the terms and conditions of the settlement offer?
  • 01-21-2015, 08:10 AM
    BenT
    Re: To Settle or Not
    Adverse possession is taking someone's land. It doesn't belong to you. In short - you don't own it until you legally establish that it's yours. Which means going the legal route, especially if the landowner decides to fight you in court. As mentioned above - nothing comes for free + you might want to consider the moral ramifications of "legal" theft. I can guarantee you no one likes it when you try and steal their property.
  • 01-21-2015, 08:39 AM
    budwad
    Re: To Settle or Not
    I don't see anything in the OP that says he will be gaining or loosing property.

    What property did OP acquire? Did he purchase it or is he speaking about an acquisition based on adverse passion? Who has the crystal ball today?
  • 01-21-2015, 09:51 AM
    adjusterjack
    Re: To Settle or Not
    Quote:

    Quoting budwad
    View Post
    Who has the crystal ball today?

    Mine's in the shop getting overhauled.

    Hence my question to the OP.
  • 01-21-2015, 03:36 PM
    Rigel
    Re: To Settle or Not
    I'm the landowner...now. Actually, as soon as I signed the deed all of a sudden they decided they wanted the property. That's when they cared. Figures.

    They've had - I don't know - several years to get the deed themselves but chose not to though I've done some reading on this:

    http://en.wikipedia.org/wiki/Laches_%28equity%29

    So, I would be losing property. I bought it.

    Damn...I need a crystal ball. If they give out lottery numbers let me know. I'll gladly pay you Tuesday for the winning numbers today ;)
  • 01-21-2015, 03:49 PM
    BenT
    Re: To Settle or Not
    How can you lose property you do not own by law? Have you checked title/survey records in your local area?

    There are specific elements that need to be apparent / clear (to a judge, or other) to take someone's land. In fact, it can be downright drawn-out and costly should it end up in court. If I were you, I'd go seek the advice of a real estate attorney, and specifically someone who has experience in this niche. Not someone who gets mortgages approved.

    BTW- even if someone has slept on knowledge of their property - there is nothing that says they can't fight you on the elements of adverse possession. People do not like to lose something which belongs to them...even if they didn't know it belonged to them. I know this part very well.
  • 01-21-2015, 03:59 PM
    Rigel
    Re: To Settle or Not
    No, I do own it. I bought it from the previous owner.
  • 01-21-2015, 05:43 PM
    jk
    Re: To Settle or Not
    For them to succeed in an adverse possession claim they, or their predecessor had to have held the land adversely for 10 years. The possession had to be actual, open, notorious, and exclusive.

    The he claim has to be supported by a belief that when first possessed, that person had to have a belief they were the actual owners of the land in question. That happens in a couple ways;

    color of title; where they received a deed transferring title to them but the deed was in error in including the land in question or;

    color of right; this is where they mistakenly believe the land in question is theirs but their deed does not include the property in question.



    So, how did this ap claim get started and what is their basis for the claim?
  • 01-21-2015, 10:02 PM
    Rigel
    Re: To Settle or Not
    How did it get started?
    I guess that the best answer to that would be when they found out we purchased it.

    The basis?
    I really, really don't know. The papers we served were very generic and didn't really give any reasons that make sense so I'm not sure why they filed in the first place or if their lawyer is letting them or not being honest or...whatever. I have NO idea.
  • 01-21-2015, 10:06 PM
    jk
    Re: To Settle or Not
    did they even have exclusive, open, notorious, whatever for 10 years time?

    were they under the belief it was their land?
  • 01-21-2015, 10:21 PM
    Rigel
    Re: To Settle or Not
    Exclusive? No. We used the property too.

    Under the belief? I can't believe how they could think it was and I will say no, in general, based on info I have but I really can't elaborate on why I think that.
  • 01-22-2015, 04:23 AM
    BenT
    Re: To Settle or Not
    If the abutters were using the property like pruning, planting, recreational purposes, putting tools on that side etc - you're going to have a hard time convincing someone you have met the elements of adverse possession. If the abutters have a lawyer, best to get some professional representation to clear up this "cloud" on your/their title.
  • 01-22-2015, 05:38 AM
    Catmad
    Re: To Settle or Not
    I must be confused. It seems to me that the OP has stated that he will be losing property, so that would seem the AP is being claimed against him, rather than BY him. He states " The papers we served were very generic and didn't really give any reasons that make sense" so it again seems to be against him for property he (at least thought he) bought.

    What exactly do the papers state? I do see that OP is reluctant to go into further detail on some things, but perhaps could clarify what the "papers" say. I'm unclear as to whether there has actually been a suit filed, or if the letter is from an attorney, or just the claimant.

    Anybody can sue anyone for anything, I think, but where that can go may be limited.
  • 01-22-2015, 05:47 AM
    budwad
    Re: To Settle or Not
    You are not giving us any timeframe about when you bought this property but is sounds like it wasn't that long ago.

    What did/does the seller say about any encroachments, boundary agreements, disputes or recent boundary changes on the Oregon Seller Property Disclosure Statement when you purchased the property?

    Oregon added the following statement to the Seller Representation section of the OREF sale agreement forms:

    Quote:

    •Seller knows of no material discrepancies between visible lines of possession and use (such as existing fences, hedges, landscaping, structures, driveways, and other such improvements) currently existing on the Property offered for sale and the legal description of the Property.
    One would think that any dispute would have come to light between the previous owners and the neighbor.

    You may have some recourse against the seller and your title insurance company.
  • 01-22-2015, 08:01 AM
    trafeng
    Re: To Settle or Not
    Rigel,

    Your being a bit elliptical so its hard for people here to render an opinion. From what you have explained, I'm going to infer that your neighbor recently became aware that land they believed to be theirs turns out to have been located on your property. This information most likely came about because of the recent sale of the land (to you). Perrhaps a survey was done that showed the property corners, or other information was made available to them. In any case, its not at all surprising that this would come up as part of a recent sales transaction.

    The requirements of an adverse possession claim have been explained above, and it seems as though your neighbor or their attorney feels like they have at least a fair chance at prevailing. You now have to look at this objectively and deal with it. As was already stated, there are no guarantees about what could happen in court, so you confidence is misplaced at this point, unless you know details that you haven't shared.

    Good luck with this!
  • 01-22-2015, 09:20 AM
    jk
    Re: To Settle or Not
    Well, the neighbors attorney believes s/he has a fair chance at a paycheck. What odds he would give for the neighbor prevailing may be anywhere from near zero percent chance to near 100% chance. He is working by the hour so I suspect he is willing to spend every penny the neighbr
    or has trying to win their case.
  • 01-28-2015, 10:40 PM
    Retired
    Re: To Settle or Not
    Quote:

    Quoting jk
    View Post
    Well, the neighbors attorney believes s/he has a fair chance at a paycheck. What odds he would give for the neighbor prevailing may be anywhere from near zero percent chance to near 100% chance. He is working by the hour so I suspect he is willing to spend every penny the neighbor
    or has trying to win their case.

    Now your talking :) I agree 100 %
    The trick is to get someone else to pay to defend the case or pay you not to defend the case . But in the end Its all about money kind of boring the old capitalistic society .
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