Adverse Possession Defense Strategies

Summary

Adverse possession in Oregon requires actual, open, notorious, hostile, and continuous possession for 10 years. Post-1980, claimants must also pay property taxes and have an honest belief of ownership. If adverse possession cant be proven, defendants might argue boundary by acquiescence or easement by prescription. Counter these by showing evidence of non-acceptance of boundaries and interruptions in use.

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Here are details on preparing for potential surprises from the defendant:
- Counterclaim of Adverse Possession: Gather evidence showing lack of continuous use (e.g., photos, witness statements).
- Dispute of Survey Results: Ensure your survey is done by a licensed surveyor and verify its accuracy.
- Counter-Evidence: Collect and organize your evidence meticulously.
- Legal Arguments: Study procedural rules and consider consulting legal aid for guidance.
Would you like specific strategies for any of these points?
the laws concerning adverse possession in oregon changed around *. what was the rule before and after the change.
Before *, Oregon required possession to be:
- Actual
- Open
- Notorious
- Hostile
- Continuous for 10 years
After *, the requirements included:
- Payment of property taxes
- Honest belief of ownership
Would you like more details on how these changes might affect your case?
so, after * is became much more difficult to claim, right?
Case Rating: *
Yes, after *, it became more difficult to claim adverse possession in Oregon due to the additional requirements of paying property taxes and having an honest belief of ownership.
Would you like more details on preparing your case with these changes in mind?
please break down the meaning of each of the elements: - Actual - Open - Notorious - Hostile - Continuous for 10 years
Case Rating: *
Here’s a breakdown of the elements of adverse possession:
- Actual: The possessor must physically use the land, as a property owner would.
- Open: The possession must be visible, not hidden.
- Notorious: The possession is known by others, indicating the possessor is treating the land as their own.
- Hostile: The possession is without the permission of the original owner.
- Continuous for 10 years: The possession must be uninterrupted for a period of ten years.
Is there any specific element you'd like more detailed information on?
if the defendant cannot prove adverse possession per the law before *, is there any other way he/she can prevail ? the previous owner did not pay the taxes on the disputed parcel, and neither the new owner.
Case Rating: *
If the defendant cannot prove adverse possession per the law before * and neither the previous nor the new owner paid property taxes on the disputed parcel, here are some other possible arguments they might use:
- Boundary by Acquiescence: They may argue that the boundary was accepted by both parties over time.
- Easement by Prescription: They might claim a right to use the land through long-term use.
Would you like more details on how to counter these arguments?
yes, please
Case Rating: *
To counter these arguments, consider:
- Boundary by Acquiescence: Show evidence you did not accept the boundary, such as your land survey and any notifications you sent to the neighbor.
- Easement by Prescription: Demonstrate interruptions in their use or lack of exclusive use.
Would you like more help preparing your case?