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Does a pending property line lawsuit carry over to new owners of the adjacent property which is involved in the lawsuit?

Eugene, OR |

We are in the middle of a property line dispute with person who sold us our house. Many issues have been resolved through our lawyer; seller has agreed to readjust property line to where he said it was; hire a surveyor to plot new lines and access roads; we will split cost of having adjustments recorded with the county. Our lawyer is on vacation and has not yet drawn up the settlement agreement. It appears that seller may be selling the adjacent lot which is involved in our property line issue. Would lawsuit carry over to new owners? Would they need to follow thru on his promises even though the agreements have not yet documented? The possible buyers are aware of the lawsuit.

Attorney Answers 2


  1. Hard to say without knowing the details of the issue more specifically. One would hope that the seller is going to fulfill his promises and that any sale of the property is subject to the agreement he has with you. The problem is you don't have a firm agreement yet with the seller, it's not signed much less recorded and it sounds like the issue is more about a misrepresentation with the seller then a problem with the boundary needing to be fixed because someone plotted it wrong. If the adjacent property were sold and your problem is really for misrepresentation by your seller then you might be left with only being able to sue the seller for money damages.

    Your lawyer should have someone checking his messages and covering for him. Try e-mailing him or leaving a message. Normally property doesn't sell overnight especially if there is a title company checking on things and they see a pending suit for the boundary line issue, but you never know.

    If you can't get a hold of your lawyer you might want to contact another lawyer while you wait for your lawyer to return.

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.


  2. Since you have a lawyer, he or she is the person with whom you should be talking, and as was suggested, there is likely someone covering during your lawyer's absence. As a general principle (which may or may not be entirely applicable to your situation, depending on the detailed facts), if your dispute involves where the boundary really is, the new purchaser of the adjacent ground would still be subject to your claims. But if it is a question of where the boundary should be, and you are trying to get the seller to adjust the plat or otherwise relocate the boundary to give you more land than your original deed gives you, once the seller has sold the adjacent property, the new owner would not be bound to honor the terms of the (proposed) settlement, if not completed.

    This comment is general in nature and is not intended as legal advice. It does not create an attorney client relationship and obviously is not confidential. You should contact an attorney in your area who can review with you all of the relevant facts and give you specific legal advice.

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