Oregon Statewide Rule
Oregon Adverse Possession (Squatters' Rights)
Key Facts
- Possession period
- 10 years continuous (ORS 105.620)
- Required nature
- Actual, open, notorious, exclusive, hostile
- Honest belief
- Reasonable, objective belief of ownership at entry
- Burden of proof
- Clear and convincing evidence
- Grazing alone
- Insufficient to establish possession
Summary
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.
(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;
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
How long must a squatter possess Oregon property to claim it?
Do squatters have rights in Oregon?
Sources
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