2017 ORS 105.605¹
Suits to determine adverse claims

Any person claiming an interest or estate in real property not in the actual possession of another may maintain a suit in equity against another who claims an adverse interest or estate therein for the purpose of determining such conflicting or adverse claims, interests or estates. Any municipal corporation or county of this state claiming any interest or estate in real property which is not in the actual possession of another, including real property acquired by foreclosure of delinquent tax liens situated in the same county, may maintain a suit in equity against all persons who claim an adverse interest or estate in all or any part of the property for the purpose of determining the conflicting or adverse claims, interests or estates. One or more parcels may be included in one suit and the issue made by the pleadings in any suit by a municipality or county relating only to a certain parcel or part of the real property, shall be separately tried and determined upon motion of any interested party.

Notes of Decisions

The court rule for a suit to quiet title is that plaintiff may maintain such a suit whenever an adequate remedy at law is not available even if the plaintiff is not in actual pos­ses­sion. Hall v. Smith, 269 Or 215, 523 P2d 1254 (1974)

Where there is a severance between the mining and surface rights, actual pos­ses­sion of the surface by the mining rights owner must be shown by activities beyond the use of the surface for mining purposes. Yaquina Bay Timber v. Shiny Rock Mining, 276 Or 779, 556 P2d 672 (1976)

“Actual pos­ses­sion” necessitates activities which show an intent to hold land as one’s own; equivocal con­duct such as an occasional or sporadic use is insufficient to show actual pos­ses­sion. Yaquina Bay Timber v. Shiny Rock Mining, 276 Or 779, 556 P2d 672 (1976)

Where testimony of possessor of land, who had lived on land more than 10 years, did not clearly es­tab­lish when he began to assert an adverse claim, no title by adverse pos­ses­sion was es­tab­lished. McCall v. Hyde, 39 Or App 531, 592 P2d 1064 (1979)

Federal wrongful levy statute is not exclusive remedy in ac­tion to quiet title to prop­erty acquired at Internal Revenue Service sale. Vanderpool v. Sawyer, 125 Or App 300, 865 P2d 446 (1993)

Chapter 105

Atty. Gen. Opinions

Private process server in a forcible entry and detainer ac­tion, (1975) Vol 37, p 869

1 Legislative Counsel Committee, CHAPTER 105—Property Rights, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors105.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 105, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano105.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.