ORS 105.615¹
Action by tenant in common against cotenants

Unless otherwise agreed or provided in a granting document, a tenant in common of real property may acquire fee simple title to the real property by adverse possession as against all other cotenants if the tenant in common or the tenant in common’s predecessor in interest has been in possession of the real property, exclusive of all other cotenants, for an uninterrupted period of 20 years or more and has paid all taxes assessed against such property while in possession. Notice of the exclusive possession need not be given to the other cotenants by the cotenant in possession. [1969 c.350 §1; 1989 c.1069 §3]

Notes of Decisions

This sec­tion operates retroactively but does not permit tacking of periods of occupa­tion by cotenants to es­tab­lish adverse pos­ses­sion against other cotenants. Willson v. Hessong, 38 Or App 269, 589 P2d 1194 (1979)

Where defendant did not have exclusive pos­ses­sion for 20 years before date he filed ac­tion, he did not es­tab­lish adverse pos­ses­sion under special criteria in this sec­tion. Miller v. Miller, 101 Or App 371, 790 P2d 1184 (1990)

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 (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 105, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano105.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information