Property Rights

ORS 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 the property, with damages for withholding possession, by an action at law. The action shall be commenced against the person in the actual possession of the property at the time, or if the property is not in the actual possession of anyone, then against the person acting as the owner of the property.

(2)

In an action brought under subsection (1) of this section or in a separate action for damages only, a person who, throughout the vesting period, used or occupied land of another with the honest and objectively reasonable belief that the person was the actual legal owner of the land shall not be liable for:

(a)

Double or treble damages under ORS 105.810 (Treble damages for injury to or removal of produce, trees or shrubs) (1) to (3) or 105.815 (When double damages are awarded for trespass); or

(b)

The value of the use or occupation of the land by the person throughout the vesting period. [Amended by 1989 c.1069 §2; 1991 c.109 §1; 1999 c.544 §3]

Notes of Decisions

The plaintiffs, purchasers under a land sale contract, had only an equitable interest in the property and could not maintain an action for ejectment against the owners of the fee. Buschman v. Paull, 278 Or 141, 563 P2d 1197 (1977)

Chapter 105

Atty. Gen. Opinions

Private process server in a forcible entry and detainer action, (1975) Vol 37, p 869


Source

Last accessed
Jun. 26, 2021