ORS 105.205¹
Who may maintain partition

When several persons hold real property as tenants in common, in which one or more of them have an estate of inheritance, or for life or years, or when several persons hold as tenants in common a vested remainder or reversion in any real property, any one or more of them may maintain a suit for the partition of the real property according to the respective rights of the persons interested therein, and for a sale of all or a part of the property if it appears that a partition cannot be had without great prejudice to the owner.

Notes of Decisions

"Estate of inheritance" refers to estate of type that can be inherited. Veberes v. Phillips, 23 Or App 363, 542 P2d 928 (1975), Sup Ct review denied

Until final distribu­tion, per­sonal representative of estate is per­son having interest in land. Veberes v. Phillips, 23 Or App 363, 542 P2d 928 (1975), Sup Ct review denied

This sec­tion and ORS 105.210 (When and how partition prevented) es­tab­lish hierarchy of disposi­tional alternatives where party seeks parti­tion, with parti­tion in kind as first preference, public sale as sec­ond preference, and private sale as third preference. Fike v. Sharer, 280 Or 577, 571 P2d 1252 (1977); Maupin v. Opie, 156 Or App 52, 964 P2d 1117 (1998), Sup Ct review denied

Where there is statutory preference for parti­tion in kind and it would not produce great prejudice, court did not err in ordering parti­tion in kind instead of private sale. Miller v. Miller, 101 Or App 371, 790 P2d 1184 (1990)

Prior pro­ceed­ing under ORS 107.105 (Provisions of judgment) is not bar to pro­ceed­ing under this sec­tion. Weber v. Galton, 111 Or App 33, 824 P2d 1166 (1992), Sup Ct review denied

Right of tenant in common to maintain suit for parti­tion of real prop­erty may be expressly or impliedly limited, restricted or prohibited by pro­vi­sions of wills or deeds under which parties claim. Owen v. Zorn Farms, Inc., 186 Or App 199, 62 P3d 854 (2003), Sup Ct review denied

§§ 105.205 (Who may maintain partition) to 105.405 (Costs and expenses of partition)

Notes of Decisions

There is nothing in these sec­tions or dissolu­tion statute, ORS 107.105 (Provisions of judgment), which precludes ac­tion from being brought under parti­tion statutes where res judicata does not bar sec­ond ac­tion. Hellesvig v. Hellesvig, 59 Or App 356, 650 P2d 1072 (1982), aff'd 294 Or 769, 662 P2d 709 (1983)

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/­Archive/­2007ors105.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 105, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­105ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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