Adverse Possession in Oregon

Overview

Adverse possession is actual possession of another's real property that is open, hostile, exclusive, continuous, adverse to the claim of the owner, and may give rise to title in the possessor if carried out for a specified statutory period of time, which is ten (10) years in Oregon.

Sources

ORS 105.620 - Acquiring title by adverse possession.

Topics

Fee simple title to real property may be acquired by adverse possession in Oregon only if the following requirements are met:

1. The person has maintained actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years;
2. At the time the person claiming by adverse possession first entered into possession of the property, the person entering into possession had the honest belief that they were the actual owner of the property and that belief

Continued throughout the ten (10) year period;

Had an objective basis; and

Was reasonable under the particular circumstances; and

3. The person proves each of the elements set out in this section by clear and convincing evidence.




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Cross-References

Oregon