Chapter 950 Oregon Laws 1999

Session Law

AN ACT

HB 2383

Relating to adverse possession; creating new provisions; and 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) 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.

(b) Absent additional supporting facts, the grazing of livestock is insufficient to satisfy the requirements of subsection (1)(a) of this section.

(3) 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.

SECTION 2. The amendments to ORS 105.620 by section 1 of this 1999 Act apply to claims filed on or after the effective date of this 1999 Act.

Approved by the Governor August 16, 1999

Filed in the office of Secretary of State August 16, 1999

Effective date October 23, 1999

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