Salem Title Lawyers | Title Attorneys in OR

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.

Nonetheless, it's more common for the neighbor whose land is being encroached upon by the other neighbor to seek enforcement of the legal property lines. The other neighbor will almost certainly want to use the property as he had been, since enforcing the legal property lines would cause him to lose some of "his" land.

In Salem, Oregon, property can also be the subject of title disputes, rather than boundary disputes described above. These types of disagreements stem from disagreements over who owns a piece of property. Confusion in this area is more common than one might think. If a deed is improperly recorded, land can be "owned" by 2 people simultaneously. Even more troublesome is when land is "sold" to more than one person. This is usually inadvertent, but some people do it deliberately, hoping to abscond the profits acquired by selling the same thing twice. In cases like this, a court has to determine which buyer owns the land. This is a big deal, considering how unlikely it is that a defrauded buyer could get his or her money back.

Possible Outcomes of Boundary and Title Disputes in Salem, Oregon

One possible result of a boundary dispute is a court effectively re-drawing the boundaries to fit what the neighbors had perceived. This is most often done if the neighbors were aware for a long time of the "real" property lines, and didn't do anything about it. It also helps if the neighbor who is encroaching makes major improvements to the land, and enforcing the new property lines would place a major burden on him.

Of course, there are plethora of reasons why a court might determine to enforce the property lines as the records indicate. If one neighbor knew about the discrepancy, and hid it from the other neighbor (presumably because the neighbor with the knowledge of the discrepancy benefited from it), a court will, of course, not reward this kind of dishonesty, and will decide against that neighbor. On the other hand, if the neighbor whose land would be expanded by enforcing the "real" property boundaries knew this fact, and took no action for many years, a court will probably not be receptive if he or she suddenly tries to enforce them. This is referred to as "sitting on one's rights," and courts will not reward this, either. If you have a legal right, you're expected to make efforts to vindicate it as soon as possible. If you don't, a court will essentially say "I guess it wasn't that important to you if you waited 10 years to bring this to our attention. Next case."

With title disputes (as opposed to the boundary disputes discussed above), a Salem, Oregon court has to determine who owns an entire parcel of land. There are some pretty confusing legal issues involved here.

Suffice to say, you'll want the assistance 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 previous 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 previous sale of the same land isn't acting honestly).

What Can A Salem, Oregon Attorney Do?

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

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Life in Salem

Salem, Oregon is the capital of the state of Oregon, and the county seat of Marion County. It is located in the center of the scenic Willamette Valley, on the banks of the Willamette River. It is the third-largest city in the state of Oregon, with a population of 155,000.

Salem, OR was first settled by Europeans in 1812, where explorers established it as a trading post. In the 1840s, more permanent settlement came in the form of Christian missionaries. Shortly thereafter, Salem became the capital of the Oregon Territory, and continued to serve in this capacity when Oregon became a state in 1859.

Because it is the state capital, Salem, Oregon's economy is supported heavily by jobs created by the state government, which is the largest employer in Salem. In addition to employing all of the state elected officials in Oregon, from the governor down to state legislators, the government of Oregon, through its many agencies headquartered in Salem, employs a large number of administrative personnel, and other professionals. In particular, the state government employs many Salem, Oregon lawyers.

In Salem, there are also many lawyers in private practice. Salem, Oregon is home to Willamette University School of Law, which is part of the oldest university in the Western United States. Willamette University's law school has graduated hundreds of successful Salem, Oregon lawyers throughout its long history.

If you are facing a legal issue in Salem, Oregon and need assistance, it's highly likely that you'll be able to find a Salem, Oregon attorney who can help you.

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Salem Boundary Dispute Lawyers and Salem Title Attorneys

Title & Boundary Dispute Law in Oregon

Possible Outcomes of Boundary and Title Disputes in Salem, Oregon