Fence encroachment Quiet Title action-effect of voluntary dismissal?

TheWaffle

New Member
Jurisdiction
Oregon
Question: if a Quiet Title action has been voluntarily dismissed with prejudice, is the claimant precluded from ever filing a Quiet Title action on the same disputed fence line?
An elderly lady friend has a property that has been her family's for 70 years. A guy recently bought the neighboring property and then alleged a fence line encroachment on his side. He took down part of the fence, letting her cattle escape. A survey has now shown the fence line does in fact encroach, but all of the elements of adverse possession are established in my friend's favor. She filed a Quiet Title action claiming adverse possession. He countersued with trumped up nuisance, trespass, and breach of contract claims. In an attempt to amicably settle before trial, a property line adjustment was being negotiated. The neighbor then took advantage and tricked my friend into accepting a voluntary dismissal (with prejudice) of the case before the PLA was recorded. (They said she had signed a binding Settlement Agreement which she had not.) Her incompetent attorney essentially abandoned her and failed to inform her what the effects of a voluntary dismissal would be.
She is still attempting to finalize a property line adjustment. The surveying work is completed but the PLA can't be recorded until the surveyor produces a corrected map. The neighbor is threatening to sue her for breach of contract. If the negotiations fail, is my friend precluded by the voluntary dismissal from ever resurrecting the Quiet Title action and gaining a declaratory judgment establishing the fence line in her favor? Even if the bad neighbor takes down the fence again and lets her cattle escape?
 
Question: if a Quiet Title action has been voluntarily dismissed with prejudice, is the claimant precluded from ever filing a Quiet Title action on the same disputed fence line?
An elderly lady friend has a property that has been her family's for 70 years. A guy recently bought the neighboring property and then alleged a fence line encroachment on his side. He took down part of the fence, letting her cattle escape. A survey has now shown the fence line does in fact encroach, but all of the elements of adverse possession are established in my friend's favor. She filed a Quiet Title action claiming adverse possession. He countersued with trumped up nuisance, trespass, and breach of contract claims. In an attempt to amicably settle before trial, a property line adjustment was being negotiated. The neighbor then took advantage and tricked my friend into accepting a voluntary dismissal (with prejudice) of the case before the PLA was recorded. (They said she had signed a binding Settlement Agreement which she had not.) Her incompetent attorney essentially abandoned her and failed to inform her what the effects of a voluntary dismissal would be.
She is still attempting to finalize a property line adjustment. The surveying work is completed but the PLA can't be recorded until the surveyor produces a corrected map. The neighbor is threatening to sue her for breach of contract. If the negotiations fail, is my friend precluded by the voluntary dismissal from ever resurrecting the Quiet Title action and gaining a declaratory judgment establishing the fence line in her favor? Even if the bad neighbor takes down the fence again and lets her cattle escape?
Your question requires that assistance of an attorney who works for your neighbor. It goes beyond the scope of an internet advice forum.
 
If the negotiations fail, is my friend precluded by the voluntary dismissal from ever resurrecting the Quiet Title action

That's what "dismissed with prejudice" means. She cannot file that action again. She can, however, move to have the dismissal set aside or she can file an appeal.

Unfortunately, the court will presume that she read and understood what she was signing when she signed the voluntarily dismissal. No way to predict the outcome.

gaining a declaratory judgment establishing the fence line in her favor?

No way to predict that either.

Even if the bad neighbor takes down the fence again and lets her cattle escape?

If the cows came home, that part of the question is irrelevant.

If they didn't then the value of the lost cows is likely a separate action for negligence if it wasn't included in the quiet title action.

Your question requires that assistance of an attorney who works for your neighbor. It goes beyond the scope of an internet advice forum.

Absolutely agree with that.
 
Her incompetent attorney essentially abandoned her and failed to inform her what the effects of a voluntary dismissal would be.

I am not commenting on the competence of the attorney, but saying that this is a SERIOUS incident if true in any respect. It can be reported for investigation (at no cost) to the state bar association here: https://www.osbar.org/_docs/discipline/ComplaintForm.pdf

If you file, be as factual and complete as possible. The attorney in question will be required to respond in writing, and all of this will quite possibly become a public record.
 
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