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Title & Boundary Dispute Law in Oregon

There are times when neighbors will find themselves in a situation where how they've been using their land doesn't match up with the property boundaries that are on record. This can be a source of significant conflict, as one might expect.

In a seemingly-ideal situation, the neighbors will choose to ignore this new revelation, and go on as they always have. Of course, this doesn't happen often, and might have consequences down the road, including title eventually changing to reflect the perceived property lines, without the choice of either neighbor.

In these cases, what often happens is that the owner of the property which is actually larger than he initially believed (due to the property line not being where he thought it was) wants to make use of the additional property, and eject his neighbor from it. The other neighbor, on the other hand, will want to keep using the land as before, to avoid having his property shrink.

People in Oregon City, Oregon should also be aware of the possibility of title (ownership) disputes. Unlike the boundary disputes discussed above, the outcome of a title dispute can determine who owns an entire parcel of real property. Confusion over who actually owns a piece of property is more common that some people might imagine. Many local property records are still kept on paper, are not very well-organized, and sometimes date back a hundred years or more. A lost or misfiled deed is the most common way for a title dispute to arise. However, sometimes fraud on the part of a seller can lead to title disputes. Unscrupulous individuals will sometimes try to sell the same piece of land to more than one person. And some people even try to sell property they don't own, occasionally succeeding (and this isn't just limited to bridges in London). Usually, once the buyers discover they've been duped, the "seller" is nowhere to be found, leaving them to figure out who owns the land they all thought they had purchased.

Possible Outcomes of Boundary and Title Disputes in Oregon City, Oregon

There are many ways to resolve boundary disputes. One way is to change the legal property lines to reflect the use that the neighbors had been making of the land before the discrepancy was discovered. This is generally considered a sort of "neutral" result - nobody's situation changes. If both neighbors knew about the real boundaries for a very long time, and did nothing about it, a court may view this as them having acquiesced to the status quo, and decide that it would be unfair to force the neighbors to change their use of the land after such a long period of time. This might also be done if enforcing the property lines would place a very large burden on one neighbor, and re-drawing them to reflect their actual use would put a comparatively small burden on the other neighbor

A court might do the opposite, and decide to enforce the property lines as they're drawn. This will necessarily benefit one neighbor and hurt the other. A court will probably do this if one neighbor knew that his land was encroaching onto another person's property, and actively tried to hide that fact from his neighbor. Obviously, such bad behavior shouldn't be rewarded. Conversely, if the neighbor whose land was being encroached upon knew about the discrepancy, and did nothing about it, the court will probably change the property lines to reflect this prior use, to prevent that neighbor from being rewarded for "sitting on his rights."

In the case of disputes over title, courts have to figure out who owns a particular piece of real property. Courts will consider many factors, and there are some perplexing and (in some cases) antiquated legal issues that guide Oregon City, Oregon courts on these matters.

Suffice to say, you'll want the help of an expert on this subject. In general, however, you should know that courts almost always rule in favor of the buyer who first recorded the deed, AND (not "or") didn't have knowledge of any prior conveyances. This protects the buyer who was most diligent in vindicating his own rights, and acted in good faith (obviously, a buyer who knew about a prior sale of the same land isn't acting honestly).

What Can A Oregon City, Oregon Attorney Do?

Because of the high stakes, going it alone in a boundary or title dispute is rarely prudent. Therefore, it's almost always a good idea to get a good Oregon City, Oregon real estate attorney to help you with such legal problems.

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Life in Oregon City

Oregon City, Oregon is the county seat of Clackamas County. It has a population of about 32,000. It has the distinction of being the first U.S. city west of the Rocky Mountains to be incorporated. It was incorporated in 1844.

Oregon City played a role in the early development of the Western U.S., particularly the Oregon Territory. It was a popular destination for settlers who wanted to make land claims, after traveling the Oregon Trail, and surviving the likely bouts of dysentery, as well as the almost-inevitable loss of oxen during ill-advised attempts to ford rivers.

More recently, Oregon City, Oregon's economy was dominated by the lumber industry. However, in the 1980s, the lumber industry in the Pacific Northwest began to decline. However, the economy of Oregon City was able to transition into high-tech industries, as well as some light manufacturing (manufacturing which is not very labor or energy-intensive, and typically has minimal environmental impact).

If you live in Oregon City, Oregon and need a lawyer, chances are good that you'll be able to find one. Thanks to its diverse economy, there are Oregon City, Oregon lawyers who specialize in just about any area of law.

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Oregon City Boundary Dispute Lawyers and Oregon City Title Attorneys

Title & Boundary Dispute Law in Oregon

Possible Outcomes of Boundary and Title Disputes in Oregon City, Oregon