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  1. #1
    Join Date
    Sep 2014
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    20

    Default 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.

    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...

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default 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?

  3. #3
    Join Date
    Oct 2011
    Posts
    314

    Default 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.

  4. #4
    Join Date
    Nov 2013
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    7,056

    Default 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?

  5. #5
    Join Date
    Mar 2013
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    18,340

    Default 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.

  6. #6
    Join Date
    Sep 2014
    Posts
    20

    Default 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

  7. #7
    Join Date
    Oct 2011
    Posts
    314

    Default 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.

  8. #8
    Join Date
    Sep 2014
    Posts
    20

    Default Re: To Settle or Not

    No, I do own it. I bought it from the previous owner.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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?

  10. #10
    Join Date
    Sep 2014
    Posts
    20

    Default 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.

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