Who may maintain partition
Source:
Section 105.205 — Who may maintain partition, https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
.
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