REAL ESTATE LAW IN OREGON
Experienced Oregon Real Estate Lawyer, Deborah K. Vincent can apply her extensive knowledge about property rights, real estate issues, finance and business to all areas of real estate law in Oregon. With 20 years of experience, she can help you with all of the following:
|Homeowner & Property Owner Controversies||Property Owner Against Government Agency||General Matters|
|Interpretation & Enforcement of CC&Rs (Covenants, Conditions, and Restrictions)
Dog Bite cases
Disputes with HOA (Homeowner’s Association)
Boundary and easement issues
|Land use and zoning
Property line adjustment
Land Use Board of Appeals (LUBA)
Annexation to city
|Buying, selling, leasing
Construction defect cases
Disputes with realtor
Real estate fraud
Real estate litigation
Oregon Easements Disputes | Oregon Easements Litigation
There are several types of easements that might affect your property. Easements can be appurtenant to the property, or they might be for a particular person’s use only. They can be created either by a recorded document, or by prescription. The Law Office of Deborah K. Vincent can resolve disputes concerning easements, and/or concerning claims of adverse possession. We can also draft an easement for your property or advise you concerning the scope and effect of an easement. We also litigate easement cases and claims for adverse possession and have had good success in the Circuit Court.
If you are unable to resolve your dispute, regarding the easement, our office can file an action to quiet title to the easement, or to establish an easement by prescription or make a claim for adverse possession.
Interpretation and Enforcement of CC&Rs in Oregon
CC&Rs (Covenants, Conditions, and Restrictions) are the primary governing document for Homeowner’s Associations in Oregon. The Developer records the CC&Rs before any lots are sold. The CC&Rs govern the rights of the property owners and the Association. Other governing documents usually include Bylaws, Articles of Incorporation, Architectural Guidelines, and Rule Regulations.
Since the CC&Rs are recorded against the property, Oregon courts have held that the CC&Rs are enforceable unless they violate public policy; they bear no rational relations to the protection, preservation, operation or purpose of the land against which the CC&Rs are recorded; or it otherwise imposes burdens on the affected land that are so disproportionate to the restrictions beneficial effects that the restriction should not be enforced. The CC&Rs are presumed to be reasonable unless proven otherwise by the homeowner not to be. Usually, any one person who owns a property within the land protected by CC&Rs has the right to bring an enforcement action against another owner of property who is violating the CC&Rs. In addition, the prevailing party in any such litigation is entitled to reasonable attorney fees. The reasonableness of the attorney fees awarded is determined by the Court.
The Law Office of Deborah K. Vincent can draft or amend a set of documents for your development, particularly enforceable CC&Rs. CC&Rs can be amended under certain majority guidelines that are contained within the CC&Rs and Bylaws of the HOA.