Property Rights

ORS 105.405
Costs and expenses of partition


The expenses of the referees, including those of a surveyor and assistants of the surveyor when employed, shall be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the referees, shall be paid by the plaintiff, and may be allowed as part of the costs of partition.


The reasonable costs of partition, including reasonable attorney fees and disbursements, that are for services performed for the common benefit of all parties, shall be paid by the parties that will share in the lands divided in proportion to their respective interests therein, and shall be included and specified in the judgment. They shall be a lien on the several shares, and the judgment may be enforced by execution against the parties separately. When, however, a controversy arises between some of the parties only, the court may require the expense of such controversy to be paid by any of, or all, the parties thereto. [Amended by 1971 c.502 §1; 2003 c.576 §368]
§§ 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