2017 ORS 105.620¹
Acquiring title by adverse possession

(1) A person may acquire fee simple title to real property by adverse possession only if:

(a) The person and the predecessors in interest of the person have maintained actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years;

(b) At the time the person claiming by adverse possession or the person’s predecessors in interest, first entered into possession of the property, the person entering into possession had the honest belief that the person was the actual owner of the property and that belief:

(A) By the person and the person’s predecessor in interest, continued throughout the vesting period;

(B) Had an objective basis; and

(C) Was reasonable under the particular circumstances; and

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

(2)(a) A person maintains “hostile possession” of property if the possession is under claim of right or with color of title. “Color of title” means the adverse possessor claims under a written conveyance of the property or by operation of law from one claiming under a written conveyance.

(b) Absent additional supporting facts, the grazing of livestock is insufficient to satisfy the requirements of subsection (1)(a) of this section.

(3) As used in this section and ORS 105.005 (Right of action) and 105.615 (Action by tenant in common against cotenants), “person” includes, but is not limited to, the state and its political subdivisions as created by statute. [1989 c.1069 §1; 1991 c.109 §2; 1999 c.950 §1]

Notes of Decisions

Applica­tion of statute to interest vesting prior to 1990 was improper. Markovich v. Chambers, 122 Or App 503, 857 P2d 906 (1993)

Exclusivity requires use consistent with ownership, not physical exclusion of all others. Slak v. Porter, 128 Or App 274, 875 P2d 515 (1994)

Where ease­ment is extinguished by adverse pos­ses­sion, reference to ease­ment in deed sub­se­quently transferring subservient estate does not re-create ease­ment. Faulconer v. Williams, 147 Or App 389, 936 P2d 999 (1997), aff’d 327 Or 381, 964 P2d 246 (1998)

In context of ease­ment, hostility entails intent to occupy land without subordina­tion to rights of dominant estate holder. Faulconer v. Williams, 327 Or 381, 964 P2d 246 (1998)

Where grantor attains interest in prop­erty through adverse pos­ses­sion for full statutory period and sub­se­quently acts with intent to transfer interest in prop­erty, grantee obtains interest in prop­erty that grantor acquired through adverse pos­ses­sion. Timber Service Co. v. Ellis, 163 Or App 349, 988 P2d 396 (1999)

Adverse possessor use of prop­erty over statutory period does not shift burden to land owner to prove use was permissive. Hoffman v. Freeman Land and Timber, LLC, 329 Or 554, 994 P2d 106 (1999)

Require­ment that per­son claiming adverse pos­ses­sion had objectively reasonable belief concerning ownership does not alter doctrine es­tab­lished under common law allowing proof of hostile pos­ses­sion based on pure mis­take. Clark v. Ranchero Acres Water Co., 198 Or App 73, 108 P3d 31 (2005)

This pro­vi­sion does not provide for adverse pos­ses­sion by owner of fee simple title to real prop­erty of ease­ment on that real prop­erty. Uhl v. Krupsky, 254 Or App 736, 294 P3d 559 (2013)

Law Review Cita­tions

23 EL 1297 (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.