On Sunday, July 7, 2013 2:55:35 AM UTC-4, Ashton Crusher wrote:
On Sat, 6 Jul 2013 03:55:33 -0700 (PDT), "

wrote:











And finally, here's an example of what one state, Oregon has to say on the matter, in an answer from a lawyer given to someone asking the question

of what to do about a fence a neigbor built on their property:



http://www.avvo.com/legal-answers/ne...-c-101517.html



Under ORS 90.060:



(1) When any person has built or builds, by mistake and in good faith, a fence on the land of another, such person or the successor in interest of the person may, within one year from the time of discovering the mistake, go upon the land of the other person and remove the fence, doing no unnecessary damage thereby.



(2) The occupant or owner of land whereon a fence has been built by mistake shall not throw down or in any manner disturb such fence during the period which the person who built it is authorized by subsection (1) of this section to remove it.



So, assuming your neighbor made a "mistake" in "good faith" you would need to notify the neighbor of the mistake, demand they remove the fence, and then wait a year before removing it yourself.





Note that in the issue that was being responded to the error was a

full foot, not 1.5". Also note that for the issue cited the fence was

built ENTIRELY on the wrong property. So the facts of that case are

NOT the facts of the OPs case. The OPs case has the fence a mere 1.5"

off and it is NOT entirely on the wrong property. Should the OP rely

on the material you cited and remove the fence he might well find

himself in court and later paying to have the fence put back up.



Also note in the material you cited that it takes ONLY one year for

the person who built the fence in the wrong spot to gain the legal

right to have it there. A perfect example of adverse possession and

much sooner then the 20 years you keep talking about.



Stick with me and you may actually learn something.


Stick with you? You can't even read the law. The Oregon law
does not say what you claim. It does not say that if someone
builds a fence on your property you lose that property via
adverse possession in a year. It says that if someone builds a
fence on your property by mistake and in good faith, that person
then has a year to REMOVE it. During that one year period, you
the property owner can't remove it. It's to give someone who made
an honest mistake one year to remove the fence themselves, before
you tear it down and get it off YOUR property.

Anything else we can help you with, just let us know.