My question involves real estate located in the State of: Oregon
Hello- my husband and I purchased a lot in a subdivision that has been built out for years (our lot has been vacant for a long time). The owner to one side of our lot has her property graded such that her house sits above our current lot. She's owned the lot since 2005. She build a sidewalk along the very edge of her lot, and a chain link fence. Supporting the side of her lot (and her fence) is a very large "retaining wall" which is really a huge spillover of stones. It is not a built structure, but more like a slope of stones. Our survey shows that our lot lines run right up to her chainlink fence, but that the big spillage of stones (approximately 15 feet) encroaches.
We have a plan to build, and an architect's plans. The site engineer is doing the work now to determine what we need to do to fill/escavate our lot in order to build the house. It looks like we will have to bring a lot of fill in and that we will cover the slope of rocks. The neighbor has complained about us doing harm to ""her retaining wall." I'm now fearful of an adverse possession claim, though i know that under Oregon law she would have to show that she constructed the "retaining wall" with a claim of right- i.e. that she rightfully thought she owned the land upon which she built it. I am pretty darned sure from her statements that she does not think she owns the land, so I think she would have a hard time proving an AP claim.
However, do we owe some right to maintain a rock gradient that was constructed on our land to hold up her land/fence? Help! I do appreciate your help.