Oregon Statutes - Chapter 105 - Property Rights

105.005 Right of action; recovery; damages.
(1) Any person who has a legal estate in real property and a present right to the possession of the property, may recover possession of...
105.010 Contents of complaint.
The plaintiff in the complaint shall set forth: (1) The nature of the estate of the plaintiff in the property, whether it be in fee,...
105.015 Answer.
The defendant shall not be allowed to give in evidence any estate, license or right of possession in the property in the defendant or another,...
105.020 Substitution of landlord for tenant.
A defendant who is in actual possession may, for answer, plead that the defendant is in possession only as tenant of another; naming the landlord...
105.025 Verdict.
The jury by their verdict shall find as follows: (1) If the verdict is for the plaintiff, that the plaintiff is entitled to the possession...
105.030 Damages for withholding; setoff for improvements.
The plaintiff shall only be entitled to recover damages for withholding the property for the term of six years next preceding the commencement of the...
105.035 Judgment when plaintiff�s right to possession expires.
If the right of the plaintiff to the possession of the property expires after the commencement of the action and before the trial, the verdict...
105.040 Order to make survey.
(1) The court or judge thereof may, on motion, and after notice to the adverse party, or cause shown, grant an order allowing the party...
105.045 Action not prejudiced by alienation by person in possession.
An action for the recovery of the possession of real property against a person in possession is not prejudiced by any alienation made by such...
105.050 Cotenant shall prove ouster.
In an action by a tenant in common of real property against a cotenant, the plaintiff shall show, in addition to the evidence of right...
105.055 Conclusiveness of judgment.
(1) Except as provided in subsection (2) of this section, the judgment in an action to recover the possession of real property is conclusive as...
105.060 Effect of new trial on plaintiff�s possession.
If the plaintiff has taken possession of the property before the judgment is set aside and a new trial granted as provided in ORS 105.055...
105.065 [Repealed by 1969 c.591 §305]
105.070 Rights of donee under Donation Law.
In an action at law for the recovery of the possession of real property, if either party claims the property as a donee of the...
105.075 Notice to quit; action to recover possession not affected by forcible entry or wrongful detainer.
In any action to recover the possession of real property, as provided for in ORS 105.005, notice to quit, when necessary, may be given as...
105.080 Reimbursement of tenants in common obtaining possession; lien.
In all cases where property in this state is or has been claimed or owned by residents of this state in common with others, and...
105.105 Entry to be lawful and peaceable only.
No person shall enter upon any land, tenement or other real property unless the right of entry is given by law. When the right of...
105.110 Action for forcible entry or wrongful detainer.
When a forcible entry is made upon any premises, or when an entry is made in a peaceable manner and possession is held by force,...
105.111 Stay of eviction for state service member.
(1) As used in this section, �state service member� means a member of the organized militia who is called into active service of the state...
105.112 Action by tenant to recover personal property; forms.
(1) A tenant or former tenant may bring an action to recover personal property taken or retained by a landlord in violation of ORS chapter...
105.113 Form of summons.
Notwithstanding ORCP 7 C, for premises to which ORS chapter 90 or ORS 91.120 applies, the summons must be in substantially the following form and...
105.115 Causes of unlawful holding by force; action for return of possession.
(1) Except as provided by subsections (2) and (3) of this section, the following are causes of unlawful holding by force within the meaning of...
105.120 Notice necessary to maintain action in certain cases; waiver of notice; effect of advance payments of rent.
(1) As used in this section, �rent� does not include funds paid under the United States Housing Act of 1937 (42 U.S.C. 1437f). (2) Except...
105.121 Forms in action for possession of group recovery home; limitation on issues; attorney fees.
(1) A former tenant removed from a group recovery home under ORS 90.440 may bring an action for injunctive relief to recover possession if the...
105.123 Complaint.
In an action pursuant to ORS 105.110, it is sufficient to state in the complaint: (1) A description of the premises with convenient certainty; (2)...
105.124 Form of complaint if ORS chapter 90 applies.
For a complaint described in ORS 105.123, if ORS chapter 90 applies to the dwelling unit: (1) The complaint must be in substantially the following...
105.125 [Amended by 1975 c.256 §9; 1981 c.753 §7; 1993 c.369 §16; 1995 c.559 §47; 1997 c.577 §32; repealed by 2001 c.596 §3 (105.123, 105.124 and 105.126 enacted in lieu of 105.125)]
105.126 Form of complaint if ORS chapter 90 does not apply.
For a complaint described in ORS 105.123, if ORS chapter 90 does not apply to the premises: (1) The complaint must be in substantially the...
105.128 Landlord action to remove perpetrator of domestic violence, sexual assault or stalking from possession of dwelling unit; retention of possession by victim.
In an action for possession of a dwelling unit to which ORS chapter 90 applies: (1) If the defendant raises a defense under ORS 90.449...
105.130 How action conducted; fees; surcharge.
(1) Except as provided in this section and ORS 105.135, 105.137 and 105.140 to 105.161, an action pursuant to ORS 105.110 shall be conducted in...
105.132 Assertion of counterclaim.
No person named as a defendant in an action brought under ORS 105.105 to 105.168 may assert a counterclaim unless the right to do so...
105.135 Service and return of summons; posting; contents; use of facsimile.
(1) Except as provided in this section, the summons shall be served and returned as in other actions. (2) At the time the clerk collects...
105.137 Effect of failure of party to appear; attorney fees; judgment of dismissal; scheduling of trial; unrepresented defendant.
In the case of a dwelling unit to which ORS chapter 90 applies: (1) If the plaintiff appears and the defendant fails to appear at...
105.138 Compelling arbitration; procedure.
(1) Notwithstanding ORS 105.137 (6), if a party to an action to which ORS 90.505 to 90.840 apply moves for an order compelling arbitration and...
105.139 Burden of proof in certain cases.
If a landlord brings an action for possession under ORS 90.403 and the person in possession contends that the tenant has not vacated the premises,...
105.140 Continuance.
No continuance shall be granted to a defendant for a longer period than two days unless: (1) The defendant gives an undertaking to the adverse...
105.145 Judgment on trial by court; duties of parties to stipulated agreement.
(1) If an action is tried by the court without a jury, and after hearing the evidence the court concludes that the complaint is not...
105.146 Failure of defendant to perform as ordered; judgment of restitution.
(1) In an action to recover possession of the premises, if the court has entered an order by stipulation that provides for the defendant to...
105.147 [1999 c.603 §4; repealed by 2001 c.596 §9 (105.146, 105.148 and 105.149 enacted in lieu of 105.147)]
105.148 Contesting plaintiff�s affidavit or declaration of noncompliance; ex parte review of hearing request; delaying execution upon judgment of restitution.
(1)(a) To contest a plaintiff�s affidavit or declaration of noncompliance under ORS 105.146 and delay expiration of the notice of restitution period or execution upon...
105.149 Hearing on compliance with order.
(1) Upon receipt of a timely filed request for hearing described in ORS 105.148, the clerk of the court: (a) Shall schedule a hearing on...
105.150 [Repealed by 1989 c.506 §20]
105.151 Enforcement of judgment of restitution; notice of restitution.
(1) If the court renders judgment for restitution of the premises to the plaintiff, the plaintiff may only enforce that judgment in the following manner:...
105.152 Form of notice of restitution for judgment entered under ORS 105.146.
If the court entered a judgment pursuant to ORS 105.146, a notice of restitution issued by the clerk of the court pursuant to ORS 105.151...
105.153 Form of notice of restitution for judgment not entered under ORS 105.146.
If a court entered a judgment other than pursuant to ORS 105.146, a notice of restitution issued by the clerk of the court pursuant to...
105.154 [1995 c.559 §50 (enacted in lieu of 105.155); 1995 c.658 §70a; 1997 c.577 §§36,37; 1999 c.603 §37; repealed by 2001 c.596 §13 (105.151, 105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and 105.161 enacted in lieu of 105.154)]
105.155 [Amended by 1979 c.765 §6; 1985 c.588 §15; 1993 c.369 §27; repealed by 1995 c.559 §49 (105.154 enacted in lieu of 105.155)]
105.156 Form of writ of execution for judgment of restitution.
The writ of execution of judgment of restitution referred to in ORS 105.151 must be in substantially the following form: ______________________________________________________________________________ State of Oregon,)WRIT OF...
105.157 Form of eviction trespass notice.
The eviction trespass notice referred to in ORS 105.151 must be in substantially the following form: ______________________________________________________________________________ EVICTION TRESPASS NOTICE Occupants of these premises located...
105.158 Service of notice of restitution.
(1) For purposes of this section, �process server� means any competent person 18 years of age or older who: (a) Is a resident of the...
105.159 Computation of time before plaintiff may request writ of execution.
(1) Notwithstanding ORCP 10, the four-day period specified in ORS 105.151 (2) shall: (a) Commence at 12:01 a.m. on the day following mailing and service...
105.160 [Repealed by 1977 c.365 §3 and 1977 c.416 §5]
105.161 Service and enforcement of writ of execution and eviction trespass notice.
(1) Following issuance of the writ of execution of judgment of restitution and payment of any fees required by the sheriff, the sheriff shall immediately...
105.165 Alternative method of removing, storing and disposing of tenant�s personal property; requirements; landlord liability.
(1) If ORS chapter 90 applies to a dwelling unit, following restitution of the premises to the plaintiff by the sheriff pursuant to ORS 105.161,...
105.168 Minor as party in proceedings pertaining to residential dwellings.
Notwithstanding ORCP 27 or any other provision of law, a minor, as defined in ORS 109.697 and who is a tenant as defined under ORS...
105.170 Definitions for ORS 105.170 to 105.185.
For purposes of ORS 105.170 to 105.185: (1) �Easement� means a nonpossessory interest in the land of another which entitles the holders of an interest...
105.175 Easement to be kept in repair; sharing costs; agreements.
(1) The holders of an interest in any easement shall maintain the easement in repair. (2) The cost of maintaining the easement in repair shall...
105.180 Action for failure to comply with duty of holder; recovery of costs; arbitration.
(1) If any holder of an interest in an easement fails to maintain the easement contrary to an agreement or contrary to the maintenance provisions...
105.185 Application of ORS 105.170 to 105.185.
The provisions of ORS 105.170 to 105.185: (1) Apply to all easements existing on or created after January 1, 1992; and (2) Do not apply...
105.190 Covenant of good faith and fair dealing; rights and obligations of parties.
Whenever a covenant of good faith and fair dealing is implied in the lease of real property, a party�s rights or duties under such covenant...
105.205 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...
105.210 When and how partition prevented.
(1) If the court finds that the property can neither be partitioned nor sold without great prejudice to the owners, the court may receive evidence...
105.215 Complaint.
The interest of all known and unknown persons in the property shall be specifically and particularly set forth in the complaint for partition, as far...
105.220 Tenants and lien creditors as defendants; liens on undivided interests.
The plaintiff shall make a tenant in dower, by the curtesy, for life or for years of any portion of the entire property and creditors...
105.225 Summons; to whom directed.
The summons shall be directed by name to all the tenants in common who are known, to all lien creditors who are made parties to...
105.230 Service by publication.
If a party having a share or interest in or lien upon the property is unknown or cannot be found, and such fact is made...
105.235 Answer.
The defendant shall set forth in the answer the nature and extent of the interest of the defendant in the property. If the defendant is...
105.240 Rights determinable; ascertainment of title where defendant defaults or sale is necessary.
The rights of the plaintiffs and defendants may be put in issue, tried and determined in the suit. If a defendant fails to answer, or...
105.245 Sale or partition ordered by court.
If it is alleged in the complaint and established by evidence, or if it appears by the evidence to the satisfaction of the court without...
105.250 Compensation when equal partition cannot be made.
When it appears that partition cannot be made without prejudice to the rights and interests of some of the parties, the court may adjudge compensation...
105.255 How referees make partition; report.
In making the partition the referees shall divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered,...
105.260 Power of court over report; final judgment.
The court may confirm or set aside the report in whole or in part and if necessary appoint new referees. Upon the report being confirmed,...
105.265 Persons not affected by judgment.
The judgment provided for in ORS 105.260 shall not affect tenants for years or for life of the whole of the property which is the...
105.270 Order of sale on referees� report.
If the referees report to the court that the property to be partitioned, or any separate portion thereof, is so situated that a partition thereof...
105.275 Conclusiveness of order confirming report.
If the report of the referee is confirmed the order of confirmation is binding and conclusive upon all parties to the suit.
105.280 How sale made; notice of sale.
All sales of real property made by the referees shall be made by public auction to the highest bidder in the manner required for the...
105.285 Distribution of proceeds of sale.
The proceeds of the sale of encumbered property shall be distributed by the judgment of the court as follows: (1) To pay the property�s just...
105.290 Distribution of proceeds by referee or payment into court.
The proceeds of sale and the securities taken by the referees, or any part thereof, shall be distributed by them to the persons entitled thereto...
105.295 Continuance of suit after proceeds paid into court.
When the proceeds of sales of any shares or parcel belonging to known persons who are parties to the suit are paid into court, the...
105.300 When lienholder has other securities.
Whenever any party to the suit, who holds a lien upon any part of the property has other securities for the payment of the amount...
105.305 Credit allowed.
The court shall, in the order of sale, direct the terms of credit which may be allowed for the purchase money of any portion of...
105.310 Setting off estate for life or years in part not sold.
When only a part of the property is ordered to be sold, the whole of an estate for life or years in an undivided share...
105.315 Disposition of life estate or leasehold.
When the estate of any tenant for life or years in any undivided part of the property in question was admitted by the parties or...
105.320 Compensation of tenants in case of sale.
Any person entitled to an estate for life or years in any undivided part of the property, whose estate has been sold, shall be entitled...
105.325 When court determines value of tenancy.
If a tenant does not consent pursuant to ORS 105.320, before the report of sale, the court shall ascertain and determine what proportion of the...
105.330 Rules for determining value of certain estates.
The proportion of the proceeds of the sale to be invested, as provided in ORS 105.325, shall be ascertained and determined as follows: (1) If...
105.335 Protection of unknown tenants.
If any person entitled to an estate for life or years is unknown, the court shall provide for the protection of the rights of the...
105.340 Provision for future rights or interests.
In all cases of sales in partition when it appears that any person has a vested or contingent future right or estate in any of...
105.345 Notice of terms of sale; separate sale of distinct parcels.
In all cases of sales of property, the terms shall be known at the time. If the premises consist of distinct farms or lots they...
105.350 Purchase by referee, conservator or guardian forbidden.
Neither of the referees, nor any person for the benefit of either of them, shall be interested in any purchase at a partition sale; nor...
105.355 Report of sale.
After completing the sale the referees shall report it to the court with the description of the different parcels of land sold to each purchaser,...
105.360 Exception to report; confirmation of sale; order of confirmation.
The report of sale may be excepted to by any party entitled to a share of the proceeds in like manner and with like effect...
105.365 Purchase by encumbrancer or party entitled to share.
When a party entitled to a share of the property, or an encumbrancer entitled to have the lien of the encumbrancer paid out of the...
105.370 Investment of proceeds for certain parties.
When there are proceeds of sale belonging to an unknown owner, or to a person without the state who has no legal representative within it,...
105.375 In whose name securities taken or investments made.
Except as provided in ORS 105.380, security for the proceeds of sale shall be taken or investments of the proceeds shall be made in the...
105.380 When securities are payable to parties.
When security is taken by the referees on a sale, and the parties interested in the security, by an instrument in writing under their hands...
105.385 Clerk�s treatment of securities and investments.
The clerk in whose name a security is taken or by whom an investment is made, and the clerk�s successors in office, shall receive the...
105.390 When proceeds paid to conservator or guardian of infant.
When the share of an infant is sold, the proceeds of the sale may be paid by the referees making the sale to the guardian...
105.395 Payment of proceeds to conservator of incapacitated person.
When the interest in real property of an incapacitated person has been sold, the share of the incapacitated person of the proceeds shall be given,...
105.400 When conservator or guardian may consent to partition.
When an infant or an incapacitated person is interested in real estate held in common or in any other manner so as to authorize the...
105.405 Costs and expenses of partition.
(1) The expenses of the referees, including those of a surveyor and assistants of the surveyor when employed, shall be ascertained and allowed by the...
105.420 Findings; policy.
(1) The Legislative Assembly recognizes that there exists residential property in this state that is insanitary and unsafe and that many citizens, especially those with...
105.425 Definitions for ORS 105.420 to 105.445 and 105.455.
As used in ORS 105.420 to 105.445 and 105.455: (1) �Abatement� means the removal or correction of any condition at a property including demolition that...
105.430 Receivership for buildings that constitute threat to public health, safety or welfare; procedure.
(1) If residential property is found to be in violation of building or housing codes which the city or county, in the exercise of reasonable...
105.435 Authority of receiver; financing agreements; fee; abatement work exempt from public contracting law.
(1) A receiver appointed by the court, pursuant to ORS 105.420 to 105.455, shall have the authority to do any or all of the following...
105.440 Review of abatement expenditures by court; lien for unpaid expenses.
(1) All moneys expended and all costs and obligations incurred by the receiver in performing the abatement shall be reviewed by the court for reasonableness...
105.445 Effect on purchase money security interest of lien for unpaid abatement expenses.
(1) As used in this section, �purchase money security interest� means: (a) The interest of a vendor under a land sale contract pertaining to the...
105.450 Termination of receivership.
The receivership authorized pursuant to the terms of ORS 105.420 to 105.455 shall terminate only by an order of the court after a showing by...
105.455 Short title.
ORS 105.420 to 105.430 and 105.455 may be cited as the Oregon Housing Receivership Act. [1989 c.649 §1] SELLER�S PROPERTY DISCLOSURE STATEMENT
105.462 Definitions for ORS 105.462 to 105.490.
For purposes of ORS 105.462 to 105.490: (1) �Financial institution� has the meaning given that term in ORS 706.008. �Financial institution� includes a: (a) Trust...
105.464 Form of seller�s property disclosure statement.
A seller�s property disclosure statement must be in substantially the following form: ______________________________________________________________________________ If required under ORS 105.465, a seller shall deliver in substantially the...
105.465 Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement.
(1) The provisions of ORS 105.462 to 105.490, 696.301 and 696.870: (a) Apply to the real property described in subparagraphs (A) to (D) of this...
105.470 Exclusions from ORS 105.462 to 105.490, 696.301 and 696.870.
ORS 105.462 to 105.490, 696.301 and 696.870 do not apply to: (1) The first sale of a dwelling never occupied, provided that the seller provides...
105.475 Buyer�s statement of revocation of offer; criteria.
(1) If a seller issues a seller�s property disclosure statement and a buyer has not then delivered to the seller a written statement waiving the...
105.480 Representations in disclosure statement; application.
(1) The representations contained in a seller�s property disclosure statement and in any amendment to the disclosure statement are the representations of the seller only....
105.485 Allocation of burden of proof.
The burden of proof of lawful delivery of a seller�s property disclosure statement and any amendment thereto is on the seller. The burden of proof...
105.490 Effect of ORS 105.462 to 105.490, 696.301 and 696.870 on rights and remedies.
ORS 105.462 to 105.490, 696.301 and 696.870 do not directly, indirectly or by implication limit or alter any preexisting common law or statutory right or...
105.505 Remedies available for private nuisance.
Any person whose property or personal enjoyment thereof is affected by a private nuisance, may maintain an action for damages therefor. If judgment is given...
105.510 Procedure for abating a nuisance.
If the order to abate provided for in ORS 105.505 is made, the clerk shall when requested by the plaintiff within six months after the...
105.515 Stay of issuance of warrant to abate.
At any time before an order to abate is made or a warrant to abate is issued, the defendant may, on motion to the court...
105.520 Justification of sureties; proceedings when nuisance is not abated.
If the plaintiff is not notified of the time and place of the application for the order provided for in ORS 105.515, the sureties therein...
105.525 [Repealed by 1969 c.509 §8]
105.530 [Repealed by 1969 c.509 §8]
105.550 Definitions for ORS 105.550 to 105.600.
As used in ORS 105.550 to 105.600, unless the context requires otherwise: (1) �Of record� means: (a) With regard to real property, that an owner�s...
105.555 Places declared nuisances subject to abatement.
(1) The following are declared to be nuisances and shall be enjoined and abated as provided in ORS 105.550 to 105.600: (a) Any place that,...
105.560 Action to restrain or enjoin nuisance; jurisdiction; remedies.
(1) An action to restrain or enjoin a nuisance described in ORS 105.555 may be brought by the Attorney General, district attorney, county attorney, city...
105.565 Complaint; service; jury trial; admissibility of reputation as evidence.
(1) Any action shall be commenced by the filing of a complaint alleging facts constituting the nuisance, and containing a legal description of the property...
105.570 [Formerly 465.140; repealed by 1999 c.168 §12]
105.575 Precedence of action on court docket.
An action under ORS 105.550 to 105.600 shall have precedence over all other actions, except prior matters of the same character, criminal proceedings and election...
105.580 Order of abatement; cancellation.
(1) Except as provided in subsection (3) of this section, if the existence of the nuisance is established in the action, an order of abatement...
105.585 Costs of securing or decontaminating property as lien; priority of lien; filing notice of pendency.
(1) Any costs associated with securing the property under ORS 105.550 to 105.600 shall constitute a lien against the property declared to be a nuisance...
105.590 Intentional violation of order punishable as contempt; fine; imprisonment.
An intentional violation of a restraining order, preliminary injunction or order of abatement under ORS 105.550 to 105.600 is punishable as a contempt of court...
105.595 Action to abate nuisance not to affect other remedies; exception.
Except to the extent that a judgment has been entered in the action for damages under ORS 105.560 (2), the abatement of a nuisance under...
105.600 ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities.
The provisions of ORS 105.550 to 105.600, 166.715 and 167.158 shall not be construed to limit the powers of cities and counties to adopt ordinances...
105.605 Suits to determine adverse claims.
Any person claiming an interest or estate in real property not in the actual possession of another may maintain a suit in equity against another...
105.610 Suit to cancel patent of donee under Donation Law.
Whenever any person claims real property as a donee of the United States by virtue of a settlement thereon under the Act of Congress approved...
105.615 Action by tenant in common against cotenants.
Unless otherwise agreed or provided in a granting document, a tenant in common of real property may acquire fee simple title to the real property...
105.618 Adverse possession of railroad property.
A person may not acquire by adverse possession, as defined in ORS 105.620, property owned by a railroad or used for a railroad operation. [2007...
105.620 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...
105.623 Short title.
ORS 105.623 to 105.649 may be cited as the Uniform Disclaimer of Property Interests Act. [2001 c.245 §1]
105.624 Definitions for ORS 105.623 to 105.649.
As used in ORS 105.623 to 105.649: (1) �Disclaimant� means the person to whom a disclaimed interest or power would have passed had the disclaimer...
105.625 [1975 c.622 §8; repealed by 2001 c.245 §19]
105.626 Scope.
ORS 105.623 to 105.649 apply to disclaimers of any interest in or power over property without regard to when the interest or power that is...
105.627 [1975 c.622 §1; 1981 c.56 §1; repealed by 2001 c.245 §19]
105.628 Effect on other law.
(1) Unless displaced by a provision of ORS 105.623 to 105.649, the principles of law and equity supplement ORS 105.623 to 105.649. (2) ORS 105.623...
105.629 Power to disclaim; general requirements; when irrevocable.
(1) A person may disclaim, in whole or part, any interest in property or any power over property, including a power of appointment. A person...
105.630 [1975 c.622 §2; 1981 c.56 §2; 1983 c.740 §10; 1997 c.813 §1; repealed by 2001 c.245 §19]
105.632 [1975 c.622 §3; 1981 c.56 §3; 1997 c.813 §2; repealed by 2001 c.245 §19]
105.633 Disclaimer of interest in property.
(1) For the purposes of this section: (a) �Time of distribution� means the time when a disclaimed interest would have taken effect through possession or...
105.634 Disclaimer of rights of survivorship in jointly held property.
(1) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of: (a) A...
105.635 [1975 c.622 §4; 1981 c.56 §4; repealed by 2001 c.245 §19]
105.636 Disclaimer of interest by trustee.
If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. [2001 c.245 §8]
105.637 [1975 c.622 §5; repealed by 2001 c.245 §19]
105.638 Disclaimer of power of appointment or other power not held in fiduciary capacity.
If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: (1) If the holder...
105.639 Disclaimer by appointee, object or taker in default of exercise of power of appointment.
(1) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by...
105.640 [1975 c.622 §7; repealed by 2001 c.245 §19]
105.641 Disclaimer of power held in fiduciary capacity.
(1) If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time...
105.642 Delivery or filing.
(1) As used in this section, �beneficiary designation� means an instrument, other than an instrument creating a trust, naming the beneficiary of: (a) An annuity...
105.643 When disclaimer barred or limited.
(1) A disclaimer is barred by a written waiver of the right to disclaim. (2) A disclaimer of an interest in property is barred if...
105.645 Tax qualified disclaimer.
Notwithstanding any other provision of ORS 105.623 to 105.649, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated...
105.646 Recording of disclaimer.
If an instrument transferring an interest in property or a power over property that is subject to a disclaimer is required or permitted by law...
105.647 Application to existing relationships.
Except as otherwise provided in ORS 105.643, an interest in property or power over property existing on January 1, 2002, may be disclaimed in the...
105.648 Effect on recovery of money or property under ORS 411.620.
ORS 105.623 to 105.649 do not allow any person to disclaim an interest in property, including any jointly held property, if the purpose or effect...
105.649 Uniformity of application and construction.
In applying and construing ORS 105.623 to 105.649, consideration must be given to the need to promote uniformity of the law with respect to disclaimers...
105.655 [1971 c.780 §1; 1973 c.732 §4; 1979 c.258 §1; 1983 c.775 §1; 1991 c.968 §6; repealed by 1995 c.456 §9]
105.660 [1971 c.780 §2; 1973 c.732 §3; repealed by 1995 c.456 §9]
105.665 [1971 c.780 §3; repealed by 1995 c.456 §9]
105.670 [1971 c.780 §4; repealed by 1995 c.456 §9]
105.672 Definitions for ORS 105.672 to 105.696.
As used in ORS 105.672 to 105.696: (1) �Charge�: (a) Means the admission price or fee requested or expected by an owner in return for...
105.675 [1971 c.780 §5; 1987 c.708 §4; repealed by 1995 c.456 §9]
105.676 Public policy.
The Legislative Assembly hereby declares it is the public policy of the State of Oregon to encourage owners of land to make their land available...
105.677 [1973 c.732 §2; repealed by 1995 c.456 §9]
105.680 [1971 c.780 §6; repealed by 1995 c.456 §9]
105.682 Liabilities of owner of land used by public for recreational purposes, woodcutting or harvest of special forest products.
(1) Except as provided by subsection (2) of this section, and subject to the provisions of ORS 105.688, an owner of land is not liable...
105.685 [1979 c.434 §1; 1985 c.375 §1; repealed by 1995 c.456 §9]
105.687 [1979 c.434 §2; repealed by 1995 c.456 §9]
105.688 Applicability of immunities from liability for owner of land; restrictions.
(1) Except as specifically provided in ORS 105.672 to 105.696, the immunities provided by ORS 105.682 apply to: (a) All public and private lands, including...
105.689 [1979 c.434 §3; repealed by 1995 c.456 §9]
105.691 [1979 c.434 §4; repealed by 1995 c.456 §9]
105.692 No right to continued use of land if owner of land permits use of land; no presumption of dedication or other rights.
(1) An owner of land who either directly or indirectly permits any person to use the land for recreational purposes, woodcutting or the harvest of...
105.693 [1979 c.434 §5; repealed by 1995 c.456 §9]
105.695 [1979 c.434 §6; repealed by 1995 c.456 §9]
105.696 No duty of care or liability created; exercise of care still required of person using land.
ORS 105.672 to 105.696 do not: (1) Create a duty of care or basis for liability for personal injury, death or property damage resulting from...
105.697 [1979 c.434 §7; repealed by 1995 c.456 §9]
105.699 Rules applicable to state lands.
The State Forester, under the general supervision of the State Board of Forestry, may adopt any rules considered necessary for the administration of the provisions...
105.700 Prohibiting public access to private land; notice requirements; damages.
(1) In addition to and not in lieu of any other damages that may be claimed, a plaintiff who is a landowner shall receive liquidated...
105.705 Right to bring action; filing of judgment.
(1) When any dispute or controversy exists between owners of adjacent or contiguous lands in this state, concerning the boundary lines thereof, or the location...
105.710 Pleadings.
The complaint in a boundary suit is sufficient if it appears therefrom that the plaintiff and defendant are owners of adjacent lands, some part of...
105.715 Mode of proceeding.
The mode of proceeding in a boundary action is analogous to that of an action not triable by right to a jury. At the time...
105.718 Procedure for determining location of public land survey corner.
If the proceeding in a boundary action involves the location of a public land survey corner as defined by ORS 209.250 (3), the court shall...
105.720 Oath and report of commissioners.
Before entering upon the discharge of their duties, the commissioners shall make and file their oath in writing to faithfully and impartially perform their duties...
105.725 Proceedings on motion to confirm report.
The report of the commissioners may be confirmed by the court upon written motion of either party to the suit whenever it appears to the...
105.755 State liability for damages resulting from change of grade of roads other than city streets; proceedings on cause of action; limitation.
(1) As used in this section, �public road� means a road used by the general public, whether designated as a state highway, county or district...
105.760 State or county liability for damages resulting from change of grade of streets; proceedings on cause of action.
(1) If consent is given by the governing body of any city to change any grade of any street as such grade has been established...
105.770 Failure of contingency; application of extinguishment.
(1) A special limitation or a condition subsequent, which restricts a fee simple estate in land, and the possibility of reverter or right of entry...
105.772 Preservation of future interests; filing of notice of intent required; limitation.
The following shall apply to all possibilities of reverter and rights of entry limited on fees simple existing on January 1, 1978: (1) A special...
105.774 Exclusions from application of ORS 105.770 and 105.772.
ORS 105.770 to 105.774 shall not apply to conveyances made in favor of: (1) The State of Oregon or any unit of local government as...
105.805 Action for waste.
If a guardian, conservator or tenant in severalty, or in common, for life or for years of real property commits waste thereon, any person injured...
105.810 Treble damages for injury to or removal of produce, trees or shrubs; costs and attorney fees; limitation on liability of contract logger.
(1) Except as provided in ORS 477.090 and subsections (4) to (7) of this section, whenever any person, without lawful authority, willfully injures or severs...
105.815 When double damages are awarded for trespass; exception.
(1) Except as provided in subsection (3) of this section, if, upon the trial of an action included in ORS 105.810, it appears that the...
105.820 Remedy of tenants in common.
A tenant in common may maintain any proper action, suit or proceeding against a cotenant for receiving more than the just proportion of the rents...
105.825 Action for injury to inheritance.
A person seised of an estate in remainder or reversion may maintain a civil action for any injury to the inheritance, notwithstanding the presence of...
105.830 [1981 c.841 §1; repealed by 1989 c.693 §21]
105.831 Damages for injury to mining claim.
If a court finds that a person has intentionally damaged or removed mining equipment or has intentionally removed or injured minerals, soil, gravel, sand, trees...
105.835 [1981 c.841 §2; repealed by 1989 c.693 §21]
105.850 Commercial property defined.
As used in ORS 105.850 to 105.870, �commercial property� means land and improvements used in a business operated thereon for the production of income, one...
105.855 Requirement to compensate commercial property owners for reduced value of property caused by street use restriction; effect of other access to property.
Whenever after January 1, 1973, a city or mass transit district, whether or not acting pursuant to its police powers or condemnation authority, restricts use...
105.860 Cause of action against city for compensation; appeal procedure; intervention.
Any person having any right, title or interest in any such abutting real property has a cause of action against the city to enforce payment...
105.865 Apportioning compensation among property owners; termination of city liability.
(1) The circuit court shall, in its general judgment, apportion such just compensation as it may award among the various persons found by it to...
105.870 Limitation on commencement of action.
Any cause of action granted by ORS 105.850 to 105.870 is barred unless such action is commenced within 60 days after the date upon which...
105.880 Conveyance prohibiting use of solar energy systems void.
(1) No person conveying or contracting to convey fee title to real property shall include in an instrument for such purpose a provision prohibiting the...
105.885 Definitions for ORS 105.885 to 105.895.
As used in ORS 105.885 to 105.895: (1) �Instrument� means a deed, contract, covenant, condition, permit or order that creates an access right to sunlight....
105.890 Solar energy easement appurtenant; termination.
(1) A solar energy easement shall be appurtenant to and run with the real property benefited and burdened by such an easement. (2) A solar...
105.895 Requirements for easement creation by instrument; recordation.
(1) Any instrument creating a solar energy easement or any other access right to sunlight shall contain: (a) A legal description of the real property...
105.900 �Wind energy easement� defined.
As used in ORS 105.905 and 105.910, �wind energy easement� means any easement, covenant or condition designed to insure the undisturbed flow of wind across...
105.905 Wind energy easement appurtenant; termination.
(1) A wind energy easement shall be appurtenant to and run with the real property benefited and burdened by the easement. (2) A wind energy...
105.910 Requirements for easement creation by instrument; recordation.
(1) An instrument creating a wind energy easement shall include: (a) A legal description of the real property benefited and burdened by the easement; (b)...
105.915 Instrument creating lease or lease option of real property for wind energy conversion system may be recorded; requirements.
(1) An instrument creating a lease or an option to lease real property or the vertical space above real property for a wind energy conversion...
105.920 Joint tenancy in personal property; creation.
There shall be a form of coownership of personal property known as joint tenancy. A joint tenancy shall have the incidents of survivorship and severability...
105.925 Definitions for ORS 105.925 to 105.945.
As used in ORS 105.925 to 105.945: (1) �Event data recorder� has the meaning given that term in 49 C.F.R 563.5, as in effect on...
105.928 Ownership of recorded data.
Except as specifically provided under ORS 105.925 to 105.945, the data on a motor vehicle event data recorder is exclusively owned by the owner of...
105.932 Effect of vehicle ownership transfer on ownership of data; prohibited insurer and lessor actions.
(1) Data on a motor vehicle event data recorder does not become the property of a lienholder or insurer solely because the lienholder or insurer...
105.935 Court order for retrieval or use of data by law enforcement officers or certain emergency service providers.
Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner after an accident if a court...
105.938 Court order for retrieval or use of data by insurer.
(1) Upon petition of an insurer, a court may order that data from a motor vehicle event data recorder be retrieved or used without the...
105.942 Retrieval or use of data for responding to medical emergency, for medical research or for vehicle servicing or repair.
(1) Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner to facilitate or determine the...
105.945 Exempted data.
ORS 105.925 to 105.945 do not apply to data that is stored or transmitted pursuant to a subscription service agreement for the use of a...
105.950 Statutory rule against perpetuities.
(1) A nonvested property interest is invalid unless: (a) When the interest is created, it is certain to vest or terminate no later than 21...
105.955 When nonvested property interest or power of appointment created.
(1) Except as provided in subsections (2) and (3) of this section and in ORS 105.970 (1), the time of creation of a nonvested property...
105.960 Reformation.
Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor�s manifested plan of...
105.965 Exclusions from statutory rule against perpetuities.
ORS 105.950, statutory rule against perpetuities, does not apply to: (1) A nonvested property interest or a power of appointment arising out of a nondonative...
105.970 Prospective application.
(1) Except as extended by subsection (2) of this section, ORS 105.950 to 105.975 apply to a nonvested property interest or a power of appointment...
105.975 Short title; application and construction; supersession and repeal of common law.
(1) ORS 105.950 to 105.975 shall be cited as the Uniform Statutory Rule Against Perpetuities. (2) ORS 105.950 to 105.975 shall be applied and construed...

Last modified: August 7, 2008