Under ORS 105.620, a person may acquire title to Oregon real property by adverse possession only after 10 years of actual, open, notorious, exclusive, hostile, and continuous possession, coupled with an honest belief of ownership that was objectively reasonable when entry began. Each element must be proven by clear and convincing evidence.
ORS 105.620(1) requires that the claimant and predecessors have maintained 'actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years.' The person must also have had, at the time of entry, an honest belief of actual ownership that 'continued through the vesting period,' had 'an objective basis,' and was 'reasonable under the particular circumstances.' Every element must be shown 'by clear and convincing evidence.' The statute defines hostile possession as possession 'under claim of right or with color of title' and specifies that livestock grazing alone is insufficient. A squatter with no honest claim of ownership cannot meet these elements and remains subject to removal as a trespasser.
No specific statutory penalty. A person who fails to satisfy every ORS 105.620 element gains no title and may be removed through ejectment or an eviction action; intentional unauthorized occupation may also expose the occupant to criminal trespass liability.
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Salem, OR
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Salem, OR
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