My grandparents had property in Southern Oregon. Their five children bought parcels from them in sort of a ‘reverse mortgage’ thing. I learned today that my two aunts had ‘turned over’ their interests to my two uncles (who don’t get along, BTW). My sister and I inherited dad’s parcel. Apparently there’s some sort of bizarre law that prevented each sibling receiving a deed to his or her parcel, because parcels of less than 10 acres can’t be sold. ( The ‘kids’ and my grandparents looked into this in the ‘80s. I’m not really clear what the law is.) So the whole of my grandparents’ property is intact with (written?) agreements between the siblings as to who ‘owns’ what.
Anyway, I got a ‘welcome to the middle of the story email’ that I assumed was a dispute between my uncles so I ignored it. Turns out there are squatters on the property. These squatters fully intend to ‘steal’ the property. One of them is a paralegal whom one uncle says could probably pass the bar were it not for his arrest record. Apparently they’ve been plotting the takeover for five years. The other uncle tried to evict them from the property (I don’t know if he was allowing them to live there, or what) but they refused to leave. They are also armed with ‘assault rifles’ and dad’s youngest brother admits to being afraid of them. He says the sheriff won’t do anything without a court order.
An attorney called me today since I’m technically one of the owners of the property, just to let me know that he’s been retained to fight the squatters. I don’t understand why the squatters believe they have a legal right to usurp ownership. (Incidentally, they filed suit for ‘harassment’ because my uncles are trying to evict them. :rolleyes: ) I had no idea any of this was happening.
As far as I’m concerned my dad’s youngest brother can have dad’s share. My sister would rather sell it to him. I don’t care either way, but I sure don’t want it to be stolen. WFTO?
I know nothing about Oregon’s squatters laws, but in some states, if one lives on, and maintains a property for a perscribed period of time, they can claim it as their own.
Here’s a Wiki article on Squatter’s rights.
If you Google Squatter’s rights, you’ll find more.
I just talked with the attorney again to ask the basis of the squatters’ claim. Seems they have a mining claim on adjacent Federal land and they think that entitles them to take our property. Or something. The attorney is still trying to put everything together. He said that Oregon does have an ‘adverse takeover’ law, but you have to live openly for like ten years on the property you want to take.
If you have no interest in the property,do nothing.
In this state,the time limit for the property owner to act is twenty years.Any recorded missive serves as notice.Notary,etc.
Good thing you’re advised by attorney,as there may be liability involved even if you remain passive.
You should also consider your sister’s wishes.Are your Gparents still alive?
Fuck with 'em.
Dig a huge moat around their place.
Have the water, electricity, and phone line shut off at the property line.
Pile up all your trash in their driveway.
Just curious, are they living in a house your Grandparents had? Or somewhere else on the land? Does squatting “count” if they are living in a structure built by the squatters on open land?
Please keep us posted on this, Johnny L.A.. I’m interested in seeing how it turns out.
I seem to recall from property law class (many years ago) that the concept of taking of land by “squatting” came into being because the “law” prefers for land to be used rather than just sitting idle and empty. Of course, statutory restrictions on the concept have narrowed it to practically nothing, and I am very curious as to how these thieves are going to try to pull it off.
I strongly advise legal counsel retained by you,as I am unclear of the mentioned attorney’s interest in this.
It appears there are several bones of contention,apart from the squatters.It is possible you could end up with an entirely unforeseen tax burden by avoiding the fray.
There are ‘caretakers’ in the house, who may or may not be cousins of mine. (Too many cousins to keep them straight.) I had assumed that the squatters were there, but apparently not. I don’t know where they are, and it seems their mining claim is on Federal land. I wonder if they’re not squatters at all, but are trying to use some legal maneuvering to take the property as part of their adjacent mining claim? Maybe they’re under the property? I don’t know.
COG: The attorney is a friend of a cousin, and has been hired by my uncle. He’s a former prosecutor.
Make sure the attorney checks the applicable adverse possession time period. It’s only 5 years in California, IIRC.
Also, CA has a provision that says the squatters must pay property taxes on the land in order to get adverse possession rights. I don’t know if OR has a similar law.
Be sure the attorney also considers prescriptive easements in addition to adverse possession.
I’m watching this too. My Wife had some problems AFTER she sold her tiny house in Breckenridge CO. A neighor was parking on part of her property, and the HOA was plowing it out for THEM. They claimed the 200 sq ft. for themselves.
Assholes. By parking on a tiny piece of my Wifes tiny propery, he claimed it. It was and is not their land.
Eric, If you are reading this, you are an ass. Park where you are supposed to and walk an extra 10 feet to your door.
It was interesting and a bit scary. We had already sold the house, and the new owners may come after us. We where going to go after the HOA for plowing a parking spot on my Wifes land. What a mess.
It’s done now.
I visit our south 40 at least twice a year to make sure nobody has set up camp.
When I talked to the attorney Thursday it didn’t soind as if they were going that route. I got the impression that they were trying to take it another way. They’ve been plotting this for five years. The attorney has just been retained. (He called me to let me know he had been retained, because I’m named as an owner.) Anyway, since they’re ostensibly miners I wonder if there’s an old mining lawy they’re trying to use?
The attorney said he’d look into the adverse possession, but he thought that they had to be ‘living openly and waving flags’ for ten years.
That made me laugh. Pity I’m non-violent. (Actually, considering my collection it’s probably a good thing I’m non-violent.)
Just thought I’d post an update. The squatters lost the case and are gone. Little to no chance of recovering fees from them.
My uncle sold the property, and received the first payment recently. He and his wife went to the property to make sure that they hadn’t left anything. When they got there they found that the buyer had already installed an irrigation system and 24 marijuana plants. My uncle went to the escrow company and retrieved the check and cancelled the sale. He said that if he hadn’t, then he could have been found guilty of receiving illicit funds (i.e. ‘drug money’). In that case the property could be seized, and he (we) would have neither the money nor the property. He said, ‘The feds are already walking and flying over the whole So. Oregon and No. California area looking for the stuff.’
So. The squatters are gone. The property was sold, but my uncle cancelled the sale for illegal activity. Anyone want to buy 35 acres near Medford? (Spring water, septic tank, no utilities.)
The ‘kids’ and my grandparents looked into this in the ‘80s. I’m not really clear what the law is.) So the whole of my grandparents’ property is intact with (written?) agreements between the siblings as to who ‘owns’ what.