69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 401

                         House Bill 2395

Sponsored by Representative SHETTERLY (at the request of Ray
  Godfrey)


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Changes requirements for transfer of property by adverse
possession.

                        A BILL FOR AN ACT
Relating to transfer of property by adverse possession; amending
  ORS 105.620.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 105.620 is amended to read:
  105.620. (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;
  (b) At the time the person claiming by adverse possession or
the person's predecessors in interest, first entered into
possession of the property, the person entering into possession
had the honest belief that the person was the actual owner of the
property and that belief:
  (A) By the person and the person's predecessor in interest,
continued throughout the vesting period;
  (B) Had an objective basis; and
  (C) Was reasonable under the particular circumstances; and
  (c) The person proves each of the elements set out in this
section by clear and convincing evidence.
  (2) A person maintains 'hostile possession' of property if the
possession is under claim of right or with color of title.  '
Color of title' means the adverse possessor claims under a
written conveyance of the property or by operation of law from
one claiming under a written conveyance.  { +
  (3) A person may not acquire fee simple title to real property
under subsection (1) of this section if the property subject to
the claim of adverse possession is clearly described in the deed
of another that is properly recorded with the county clerk and
the holder of the recorded deed has paid all taxes assessed
against the property. + }
    { - (3) - }  { +  (4) + } As used in this section and ORS
105.005 and 105.615, 'person' includes, but is not limited to,
the state and its political subdivisions as created by statute.
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