Property Rights

ORS 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 action, and for any period that may elapse from the commencement to the time of giving a verdict, excluding the value of the use of permanent improvements made by the defendant. When permanent improvements have been made upon the property by the defendant, or those under whom the defendant claims, while holding under color of title in good faith and adverse to the claim of the plaintiff, the value of the improvements at the time of trial shall be allowed as a setoff against such damages.

Notes of Decisions

Set Off

Damages are limited to reasonable rental value of property for exclusion period, less value of permanent improvements, and do not include attorney fees or costs. Beaver v. Davis, 275 Or 209, 550 P2d 428 (1976)

Where the expired lease provided that all improvements would become the property of the lessor and the evidence showed all improvements had been made before the expiration of the lease, not during the period of adverse possession, the defendants were not entitled to recovery for improvements. Seaver v. Counts, 277 Or 29, 558 P2d 1232 (1977)

Chapter 105

Atty. Gen. Opinions

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


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Jun. 26, 2021