Property Rights

ORS 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 or years, or when several persons hold as tenants in common a vested remainder or reversion in any real property, any one or more of them may maintain a suit for the partition of the real property according to the respective rights of the persons interested therein, and for a sale of all or a part of the property if it appears that a partition cannot be had without great prejudice to the owner.

Notes of Decisions

"Estate of inheritance" refers to estate of type that can be inherited. Veberes v. Phillips, 23 Or App 363, 542 P2d 928 (1975), Sup Ct review denied

Until final distribution, personal representative of estate is person having interest in land. Veberes v. Phillips, 23 Or App 363, 542 P2d 928 (1975), Sup Ct review denied

This section and ORS 105.210 establish hierarchy of dispositional alternatives where party seeks partition, with partition in kind as first preference, public sale as second preference, and private sale as third preference. Fike v. Sharer, 280 Or 577, 571 P2d 1252 (1977); Maupin v. Opie, 156 Or App 52, 964 P2d 1117 (1998), Sup Ct review denied

Where there is statutory preference for partition in kind and it would not produce great prejudice, court did not err in ordering partition in kind instead of private sale. Miller v. Miller, 101 Or App 371, 790 P2d 1184 (1990)

Prior proceeding under ORS 107.105 is not bar to proceeding under this section. Weber v. Galton, 111 Or App 33, 824 P2d 1166 (1992), Sup Ct review denied

Right of tenant in common to maintain suit for partition of real property may be expressly or impliedly limited, restricted or prohibited by provisions of wills or deeds under which parties claim. Owen v. Zorn Farms, Inc., 186 Or App 199, 62 P3d 854 (2003), Sup Ct review denied

§§ 105.205 to 105.405

Notes of Decisions

There is nothing in these sections or dissolution statute, ORS 107.105, which precludes action from being brought under partition statutes where res judicata does not bar second action. Hellesvig v. Hellesvig, 59 Or App 356, 650 P2d 1072 (1982), aff'd294 Or 769, 662 P2d 709 (1983)

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