Legal Question in Real Estate Law in California
Encroachment on property
My elderly mother has unattended vacant country property. The next door landowner has built a house which encroaches 15-20 feet on to her land and this last year completed fenced her property and put a heavy iron gate with padlock on it without her knowledge or consent. She is 81 and has given me permission to see what I can do to rectify this situation. She lives in near-poverty in Citrus Heights, California.
1 Answer from Attorneys
Re: Encroachment on property
It is not clear from your question whether the property is located in Oregon. I am assuming that it is. If so, ORegon has a 10 year statute of repose. That means that an action to recover real property (such as the strip the neighbor is encroaching on), must be brought within 10 years of the first discovery (or when through reasonable dilligence you should have discovered) the encroachment. If your mother fails to bring an action, then after the 10 years is up, your mother will have lost her right to recover the property. However, you should be aware that the neighbor may claim that they have occupied the property for a longer period than you are now aware of. In that case, more of the 10 year period may have elapsed then you realize. You must act quickly to protect your rights.
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