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ENLARGE
Property boundary disputes are quite possibly the most contentious of all subject areas for woodland owners. A boundary line dispute occurs when two adjoining neighbors disagree as to the common boundary between their respective parcels. An established fence-line that has been in place for a number of years doesn’t necessarily correlate to a legal boundary.
The same can be said for an existing roadway. Even buildings aren’t a guarantee that those structures are located on the inhabitant’s property. It isn’t what exists on the land; it is the legal description of that real estate as a registered legal document.
So how does one resolve these disputes? First, one must determine the actual and correct boundary line. This should be done only by a licensed, professional surveyor. Have the surveyor stake and mark the boundary line. If you are encroaching onto the property of another person, you may claim that property under the doctrine of adverse possession.
In order to prevail, you must plead and prove that you have had actual, open, notorious, continuous and hostile possession of the property for a period of years.
One of the most often encountered “encroachments” affecting woodland owners involves timber harvesting on adjacent lands. Oftentimes, landowners will have a timber cruiser mark their harvest boundaries. Timber cruisers attempting to establish boundaries when laying out harvest boundaries subject themselves to provisions of land surveyors’ registration laws. The practice of professional land surveyors is “...in charge of the surveying of land for the establishment of corners, lines, boundaries, and monuments ... and/or the preparing of maps and accurate records and descriptions thereof.”
Should a timber cruiser undertake the authority to establish boundary lines, corners or monuments, or locate corners, lines and boundaries, that person would be functioning as a land surveyor and be subject to the provisions of land surveyors’ registration laws. Individuals relying on a timber cruiser to mark a harvest boundary — one who is not a professional land surveyor — do so at their own peril. In the event the harvest boundary encroaches upon the property of an adjacent landowner, and if any trees are removed, or any damage inflicted, the party guilty of the trespass is liable for damages.
If there is no evidence the person harvesting the trees made any effort to locate the boundaries prior to the trespass, then that person is guilty of a trespass. It is the responsibility of the landowner to determine in advance the exact location of a boundary line. Oregon statutes state that damages can be assessed against a party guilty of removing trees on the property of another, and double or triple damage may be obtained, depending on the circumstances under which the timber was removed. So the moral of the story is: Look before you leap. Survey before you cut. And use the right people for the right job.
Anyone interested in additional information on property boundaries and disputes is invited to attend Tree School Umpqua. This event will be held March 26 at the Umpqua Community College.
The same can be said for an existing roadway. Even buildings aren’t a guarantee that those structures are located on the inhabitant’s property. It isn’t what exists on the land; it is the legal description of that real estate as a registered legal document.
So how does one resolve these disputes? First, one must determine the actual and correct boundary line. This should be done only by a licensed, professional surveyor. Have the surveyor stake and mark the boundary line. If you are encroaching onto the property of another person, you may claim that property under the doctrine of adverse possession.
In order to prevail, you must plead and prove that you have had actual, open, notorious, continuous and hostile possession of the property for a period of years.
One of the most often encountered “encroachments” affecting woodland owners involves timber harvesting on adjacent lands. Oftentimes, landowners will have a timber cruiser mark their harvest boundaries. Timber cruisers attempting to establish boundaries when laying out harvest boundaries subject themselves to provisions of land surveyors’ registration laws. The practice of professional land surveyors is “...in charge of the surveying of land for the establishment of corners, lines, boundaries, and monuments ... and/or the preparing of maps and accurate records and descriptions thereof.”
Should a timber cruiser undertake the authority to establish boundary lines, corners or monuments, or locate corners, lines and boundaries, that person would be functioning as a land surveyor and be subject to the provisions of land surveyors’ registration laws. Individuals relying on a timber cruiser to mark a harvest boundary — one who is not a professional land surveyor — do so at their own peril. In the event the harvest boundary encroaches upon the property of an adjacent landowner, and if any trees are removed, or any damage inflicted, the party guilty of the trespass is liable for damages.
If there is no evidence the person harvesting the trees made any effort to locate the boundaries prior to the trespass, then that person is guilty of a trespass. It is the responsibility of the landowner to determine in advance the exact location of a boundary line. Oregon statutes state that damages can be assessed against a party guilty of removing trees on the property of another, and double or triple damage may be obtained, depending on the circumstances under which the timber was removed. So the moral of the story is: Look before you leap. Survey before you cut. And use the right people for the right job.
Anyone interested in additional information on property boundaries and disputes is invited to attend Tree School Umpqua. This event will be held March 26 at the Umpqua Community College.
Steve Bowers is the Forestry Extension agent for OSU Extension Service of Douglas County. Steve can be reached by e-mail, steve.bowers@oregonstate.edu, or by phone at 672-4461.
