My question involves real estate located in the State of: Oregon
I recently became aware that a strip of my property is on the other side of my boundary fence. The land use on the other side is an apartment complex, and my property just adds to a grassy area they have. They don't have any improvements on my land, but they recently piled some rubbish on what is my land.
I intend to rebuild this fence in the next two years or so. It's getting ugly and has been there, likely longer than the 10 year time required for a Pescriptive Easement (PE) or Adverse Possession (AP) claim.
The other land owner has made no noise about a PE or AP claim, but I want to head this off. Even though they have had continuous use of the area, If I pre-emptively sent a letter somewhat like what I have below? If I send it now, they do nothing for a year, then I go to move the fence, have I broken the "continuous" nature of their "adverse" use?
Do I need to have an acknowledgement from them? Or if I sent it certified, is that good enough?
Attention: Owner or Authorize Agent of the property owner
I, xxxxx, owner of the parcel located at (ADDRESS), give the owners of APPARTMENT, and any tenants thereof, permission to use the portion of my parcel that is on the west side of My boundary fence. This strip measures approximately 14” wide at the South end of the border between our parcels, and tapers to approximately 0” at the North end of the border. Use is to be confined to current utilization, shall be lawful, and shall not cause damage to said land. Permission is revocable at any time for any reason, or at such time as the true position of the border between our properties can be confirmed by a licensed professional surveyor and the fence is moved accordingly under some agreement to be determined at a future date. The extent of my property that lies on your side of the fence is based on a recent survey.
Please contact me with any questions. xxx-xxx-xxxx
Thanks,
-Nick

