Chapter 105 Property Rights

Actions for Recovery of Real Property

§ 105.005		Right of action
§ 105.010		Contents of complaint
§ 105.015		Answer
§ 105.020		Substitution of landlord for tenant
§ 105.025		Verdict
§ 105.030		Damages for withholding

§ 105.035		Judgment when plaintiff’s right to possession expires
§ 105.040		Order to make survey
§ 105.045		Action not prejudiced by alienation by person in possession
§ 105.050		Cotenant shall prove ouster
§ 105.055		Conclusiveness of judgment
§ 105.060		Effect of new trial on plaintiff’s possession
§ 105.070		Rights of donee under Donation Law
§ 105.075		Notice to quit
§ 105.080		Reimbursement of tenants in common obtaining possession

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Forcible Entry and Wrongful Detainer

§ 105.105		Entry to be lawful and peaceable only
§ 105.110		Action for forcible entry or wrongful detainer
§ 105.111		Stay of eviction for state service member
§ 105.112		Action by tenant to recover personal property
§ 105.113		Form of summons
§ 105.115		Causes of unlawful holding by force

§ 105.120		Notice necessary to maintain action in certain cases
§ 105.121		Forms in action for possession of group recovery home
§ 105.123		Complaint
§ 105.124		Form of complaint if ORS chapter 90 applies
§ 105.126		Form of complaint if ORS chapter 90 does not apply
§ 105.128		Landlord action to remove perpetrator of domestic violence, sexual assault or stalking from possession of dwelling unit
§ 105.130		How action conducted
§ 105.132		Assertion of counterclaim
§ 105.135		Service and return of summons
§ 105.137		Effect of failure of party to appear
§ 105.138		Compelling arbitration
§ 105.139		Burden of proof in certain cases
§ 105.140		Continuance
§ 105.145		Judgment on trial by court
§ 105.146		Failure of defendant to perform as ordered
§ 105.148		Contesting plaintiff’s affidavit or declaration of noncompliance
§ 105.149		Hearing on compliance with order
§ 105.151		Enforcement of judgment of restitution
§ 105.152		Form of notice of restitution for judgment entered under ORS 105.146
§ 105.153		Form of notice of restitution for judgment not entered under ORS 105.146
§ 105.156		Form of writ of execution for judgment of restitution
§ 105.157		Form of eviction trespass notice
§ 105.158		Service of notice of restitution
§ 105.159		Computation of time before plaintiff may request writ of execution
§ 105.161		Service and enforcement of writ of execution and eviction trespass notice
§ 105.165		Alternative method of removing, storing and disposing of tenant’s personal property
§ 105.168		Minor as party in proceedings pertaining to residential dwellings

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Easement Owner Obligations

§ 105.170		Definitions for ORS 105.170 to 105.185
§ 105.175		Easement to be kept in repair
§ 105.180		Action for failure to comply with duty of holder
§ 105.185		Application of ORS 105.170 to 105.185

Modification of Lease Terms

§ 105.190

Covenant of good faith and fair dealing

Partition

§ 105.205		Who may maintain partition
§ 105.210		When and how partition prevented
§ 105.215		Complaint
§ 105.220		Tenants and lien creditors as defendants
§ 105.225		Summons
§ 105.230		Service by publication

§ 105.235		Answer
§ 105.240		Rights determinable
§ 105.245		Sale or partition ordered by court
§ 105.250		Compensation when partition cannot be made without prejudice to party’s interest
§ 105.255		How referees make partition
§ 105.260		Power of court over report
§ 105.265		Persons not affected by judgment
§ 105.270		Order of sale on referees’ report
§ 105.275		Conclusiveness of order confirming report
§ 105.280		How sale made
§ 105.285		Distribution of proceeds of sale
§ 105.290		Distribution of proceeds by referee or payment into court
§ 105.295		Continuance of suit after proceeds paid into court
§ 105.300		When lienholder has other securities
§ 105.305		Credit allowed
§ 105.310		Setting off estate for life or years in part not sold
§ 105.315		Disposition of life estate or leasehold
§ 105.320		Compensation of tenants in case of sale
§ 105.325		When court determines value of tenancy
§ 105.330		Rules for determining value of certain estates
§ 105.335		Protection of unknown tenants
§ 105.340		Provision for future rights or interests
§ 105.345		Notice of terms of sale
§ 105.350		Purchase by referee, conservator or guardian forbidden
§ 105.355		Report of sale
§ 105.360		Exception to report
§ 105.365		Purchase by encumbrancer or party entitled to share
§ 105.370		Investment of proceeds for certain parties
§ 105.375		In whose name securities taken or investments made
§ 105.380		When securities are payable to parties
§ 105.385		Clerk’s treatment of securities and investments
§ 105.390		When proceeds paid to conservator or guardian of infant
§ 105.395		Payment of proceeds to conservator of incapacitated person
§ 105.400		When conservator or guardian may consent to partition
§ 105.405		Costs and expenses of partition

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Housing Receivership

§ 105.420		Findings
§ 105.425		Definitions for ORS 105.420 to 105.445 and 105.455
§ 105.430		Receivership for buildings that constitute threat to public health, safety or welfare
§ 105.435		Authority of receiver
§ 105.440		Review of abatement expenditures by court
§ 105.445		Effect on purchase money security interest of lien for unpaid abatement expenses

§ 105.450		Termination of receivership
§ 105.452		Applicability of Oregon Receivership Code
§ 105.455		Short title

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Seller’s Property

Disclosure Statement

§ 105.462		Definitions for ORS 105.462 to 105.490
§ 105.463		Preemptive effect of ORS 105.464
§ 105.464		Form of seller’s property disclosure statement
§ 105.465		Application of ORS 105.462 to 105.490, 696.301 and 696.870
§ 105.470		Exclusions from ORS 105.462 to 105.490, 696.301 and 696.870
§ 105.475		Buyer’s statement of revocation of offer

§ 105.480		Representations in disclosure statement
§ 105.485		Allocation of burden of proof
§ 105.490		Effect of ORS 105.462 to 105.490, 696.301 and 696.870 on rights and remedies

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Actions and Suits for Nuisances

§ 105.505		Remedies available for private nuisance
§ 105.510		Procedure for abating a nuisance
§ 105.515		Stay of issuance of warrant to abate
§ 105.520		Justification of sureties

Abatement of Nuisance Activities or Conditions

§ 105.550		Definitions for ORS 105.550 to 105.600
§ 105.555		Places declared nuisances subject to abatement
§ 105.560		Action to restrain or enjoin nuisance
§ 105.565		Complaint
§ 105.575		Precedence of action on court docket
§ 105.580		Order of abatement

§ 105.585		Costs of securing or decontaminating property as lien
§ 105.590		Penalty for intentional violation of restraining order
§ 105.595		Action to abate nuisance not to affect other remedies
§ 105.597		Places declared nuisances per se
§ 105.600		ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities

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Suits to Quiet Title and Remove Cloud

§ 105.605		Suits to determine adverse claims
§ 105.610		Suit to cancel patent of donee under Donation Law
§ 105.615		Action by tenant in common against cotenants
§ 105.618		Adverse possession of railroad property
§ 105.620		Acquiring title by adverse possession

Uniform Disclaimer of Property Interests

§ 105.623		Short title
§ 105.624		Definitions for ORS 105.623 to 105.649
§ 105.626		Scope
§ 105.628		Effect on other law
§ 105.629		Power to disclaim
§ 105.633		Disclaimer of interest in property

§ 105.634		Disclaimer of rights of survivorship in jointly held property
§ 105.636		Disclaimer of interest by trustee
§ 105.638		Disclaimer of power of appointment or other power not held in fiduciary capacity
§ 105.639		Disclaimer by appointee, object or taker in default of exercise of power of appointment
§ 105.641		Disclaimer of power held in fiduciary capacity
§ 105.642		Delivery or filing
§ 105.643		When disclaimer barred or limited
§ 105.645		Tax qualified disclaimer
§ 105.646		Recording of disclaimer
§ 105.647		Application to existing relationships
§ 105.648		Effect on recovery of money or property under ORS 411.620
§ 105.649		Uniformity of application and construction

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Public Use of Lands

§ 105.668		Immunity from liability for injury or property damage arising from use of trail or structures in public easement or right of way
§ 105.672		Definitions for ORS 105.672 to 105.696
§ 105.676		Public policy
§ 105.682		Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products
§ 105.688		Applicability of immunities from liability for owner of land
§ 105.692		Right to continued use of land following permitted use

§ 105.696		Duty of care or liability not created
§ 105.699		Rules applicable to state lands
§ 105.700		Prohibiting public access to private land

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Action to Establish Boundary

§ 105.705		Right to bring action
§ 105.710		Pleadings
§ 105.715		Mode of proceeding
§ 105.718		Procedure for determining location of public land survey corner
§ 105.720		Oath and report of commissioners
§ 105.725		Proceedings on motion to confirm report

Actions Based on Change of Grade

§ 105.755		State liability for damages resulting from change of grade of roads other than city streets
§ 105.760		State or county liability for damages resulting from change of grade of streets

Extinguishment of Future Interests

§ 105.770		Failure of contingency
§ 105.772		Preservation of future interests
§ 105.774		Exclusions from application of ORS 105.770 and 105.772

Substantial Damage From Flooding to Residential Structures

§ 105.780

Notice of substantial damage from flooding to residential structures

Miscellaneous Actions

§ 105.805		Action for waste
§ 105.810		Treble damages for injury to or removal of produce, trees or shrubs
§ 105.815		When double damages are awarded for trespass
§ 105.820		Remedy of tenants in common
§ 105.825		Action for injury to inheritance
§ 105.831		Damages for injury to mining claim

§ 105.834

Owner’s immunity from liability for theft of metal property

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Carbon Monoxide Alarms in Dwellings

§ 105.836		Definitions for ORS 105.836 to 105.842 and 476.725
§ 105.838		Carbon monoxide alarm in dwelling
§ 105.840		Action by purchaser for failure of seller to install carbon monoxide alarm
§ 105.842		Tampering with carbon monoxide alarm
§ 105.844		Short title

Radon Hazards and Methods for Testing and Mitigation

§ 105.848

Radon information for potential buyers of one and two family dwellings

Action for Reduced Commercial Property Value Resulting From Street Use Restriction

§ 105.850		“Commercial property” defined for ORS 105.850 to 105.870
§ 105.855		Requirement to compensate commercial property owners for reduced value of property caused by street use restriction
§ 105.860		Cause of action against city for compensation
§ 105.865		Apportioning compensation among property owners
§ 105.870		Limitation on commencement of action

Solar Energy Easements

§ 105.880		Conveyance prohibiting use of solar energy systems void
§ 105.885		Definitions for ORS 105.885 to 105.895
§ 105.890		Solar energy easement appurtenant
§ 105.895		Requirements for easement creation by instrument

Wind Energy Easements

§ 105.900		“Wind energy easement” defined for ORS 105.905 and 105.910
§ 105.905		Wind energy easement appurtenant
§ 105.910		Requirements for easement creation by instrument
§ 105.915		Recording instrument creating lease or lease option of real property for wind energy conversion system

Personal Property Rights

§ 105.920

Joint tenancy in personal property

Motor Vehicle Event Data Recorders

§ 105.925		Definitions for ORS 105.925 to 105.945
§ 105.928		Ownership of recorded data
§ 105.932		Effect of vehicle ownership transfer on ownership of data
§ 105.935		Court order for retrieval or use of data by law enforcement officers or certain emergency service providers
§ 105.938		Court order for retrieval or use of data by insurer
§ 105.942		Retrieval or use of data for responding to medical emergency, for medical research or for vehicle servicing or repair

§ 105.945

Exempted data

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Rule Against Perpetuities

§ 105.950		Statutory rule against perpetuities
§ 105.955		When nonvested property interest or power of appointment created
§ 105.960		Reformation
§ 105.965		Exclusions from statutory rule against perpetuities
§ 105.970		Prospective application
§ 105.975		Short title

Xeriscaping Commercial or Industrial Property

§ 105.980

Xeriscaping