Results 1 to 3 of 3
  1. #1
    Join Date
    Jun 2008
    Location
    Oregon
    Posts
    1

    Default Neighbor Pulled Survey Pins - Now Wants To Build Fence On My Property

    My question involves real estate located in the State of: Oregon.

    I had a survey and the surveyor set pins. The neighbor pulled them up and admits this. He now wants to build a fence on my property. He says he has "adverse possession" but I don't think he meets the statutory requirements for an adverse possession claim in this state. Also, he has never formally made such a claim in court, thus the land should still be mine until he takes it away, right?

    Is it vandalism for him to pull the pins? Is it illegal to pull survey markers in Oregon? If he builds a fence, can I tear it down? If I build a fence can he tear it down? Can I sue for the cost to replace the pins without proving he did it? Can I sue for cost of replacing pins without having to go through a "quiet title" court battle?

    Help!
    AverageJoe0131

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Neighbor Pulled Survey Pins - Now Wants To Build Fence On My Property

    I had a survey and the surveyor set pins. The neighbor pulled them up and admits this. He now wants to build a fence on my property. He says he has "adverse possession" but I don't think he meets the statutory requirements for an adverse possession claim in this state.
    then tell him to prove it and untile he does onc ourt, call the police fro trespassing on your property.

    Is it vandalism for him to pull the pins? Is it illegal to pull survey markers in Oregon?
    I caould not find any appliocable statutes in Oregon making this a civil or criminal act. In mot states, it is though and I susoect Oregon is not different. You might call a surveyor (the one you hired) and ask. I can assure you they know if it is and probably what ORS controls it.

    If nothing else, the neighbor has injured you (financially) and is liable for any costs to replace the markers. Possibly a small claims action?

    Here is an excerpt from an article found here:http://www.questia.com/googleScholar...cId=5000251878

    Adverse possession in Oregon: the belief-in-ownership requirement.

    by Per C. Olson

    In 1989, the Oregon legislature added a stringent belief-in-ownership requirement to adverse possession law. This Comment examines the relevancy of an adverse claimant's belief in ownership. The intended beneficiaries of the statute are large rural landowners who cannot keep close watch on encroaching neighbors. However, the statute will have the greatest impact on adverse claimants who had been in some sort of legal relationship with the true owner--an impact the legislature did not intend. Also, the belief-in-ownership requirement does not comport with the idea that adverse possession is designed to assure the landowner's diligence. Finally, the new requirement places too much burden on an adverse claimant who makes lasting investments on the property.

    I. INTRODUCTION

    Adverse possession law allows wrongful and unpermissive possession to become title ownership through the passage of time, acts of the claimant, and inaction of the landowner. A claimant gains title because she has justifiably relied on the true owner's failure to eject her while she made obvious and lasting investments. The wrongfulness of her conduct diminishes in light of the titleholder's complete failure to act.

    The wrongful occupant's possession must be open, notorious, hostile, continuous, exclusive, and, in Oregon, under a "claim of right" for ten years.(1) Claim of right is the intent to possess as an owner without recognizing the record owner's rights.(2) A claimant generally establishes such intent through objective acts of ownership.(3) The majority of states disregard the claimant's actual belief in ownership.(4) A claimant's good faith belief in ownership is irrelevant to the underlying policies of adverse possession--"assuring maximum utilization of land, encouraging the rejection of stale claims and, most importantly, quieting titles."(5) Further, there is no need to establish a claimant's belief in ownership when a successful claimant's actions must be so open and notorious as to give ample notice to a record owner, thereby avoiding any possibility of fraud.(6) Because adverse possession law focuses on the adequacy of notice of an adverse claim given to the record owner and her subsequent inaction, an inquiry into a claimant's belief in ownership is immaterial.

    Despite this strong current in adverse possession law, the Oregon legislature has decided to row upstream. In 1989, the legislature added a stringent and detailed belief-in-ownership element to the law.(7) Of the few states that require good faith claims, Oregon now enforces the most rigorous of standards. Not surprisingly, no adverse possession claim filed after the statute's effective date, January 1, 1990, has proceeded to the appellate courts. Oregon's belief-in-ownership requirement goes beyond mere absence of fraud.(8) The statute demands that the belief exist at entry and continue through the statutory period.(9) The belief must have an "objective basis" and be "reasonable under the circumstances."(10)
    It would seem that he does not in fact have an adverse possession claim due to the fact he is aware it is your property. It seems Oregon has made an advers possession claim contngent on the fact that the adverse possessor must believe thre property claimed to actually be theirs by by actual title, not mere (known) adverse use.

    If he builds a fence, can I tear it down?
    probably but I would be cautious.

    If I build a fence can he tear it down?
    sure, but not legally

    can I sue for the cost to replace the pins without proving he did it?
    you can sue but proving, at least by a preponderance of the evidence, that he did cause your injury.

    can I sue for cost of replacing pins without having to go through a "quiet title" court battle?
    yes

  3. #3

    Default Re: Neighbor Pulled Survey Pins - Now Wants To Build Fence On My Property

    Send him a letter CRRR demanding that he have the pins replaced within ten days or that you will have it done a bill him for the expense. Then do it and sue in small claims. If it is criminal you can also swear out a warrant but expect him to deny removing the pins. Maybe you can get him on tape or in front of a witness.

    1. Sponsored Links
       

Similar Threads

  1. Survey Shows Neighbor's Fence is On My Land
    By perry bevelle in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 06-29-2011, 10:01 AM
  2. Neighbor Put Up a Fence with Out Land Survey, Might Be on Our Property
    By Angered neighbor in forum Personal Property
    Replies: 2
    Last Post: 04-28-2011, 09:02 PM
  3. How Do I Build a Fence Between Properties if We Are at Odds with Neighbor
    By chefang in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 06-12-2009, 06:45 AM
  4. Neighbor Obtains Survey After Fence Post Placement
    By JM36a in forum Real Estate Ownership and Title
    Replies: 7
    Last Post: 08-23-2008, 07:46 AM
  5. Neighbor Pulled Out Survey Stakes
    By LimelightLawya in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 10-30-2005, 11:53 PM
 
 
Sponsored Links

Legal Help, Information and Resources