Property Rights

ORS 105.615
Action by tenant in common against cotenants

Unless otherwise agreed or provided in a granting document, a tenant in common of real property may acquire fee simple title to the real property by adverse possession as against all other cotenants if the tenant in common or the tenant in common’s predecessor in interest has been in possession of the real property, exclusive of all other cotenants, for an uninterrupted period of 20 years or more and has paid all taxes assessed against such property while in possession. Notice of the exclusive possession need not be given to the other cotenants by the cotenant in possession. [1969 c.350 §1; 1989 c.1069 §3]

Notes of Decisions

This section operates retroactively but does not permit tacking of periods of occupation by cotenants to establish adverse possession against other cotenants. Willson v. Hessong, 38 Or App 269, 589 P2d 1194 (1979)

Where defendant did not have exclusive possession for 20 years before date he filed action, he did not establish adverse possession under special criteria in this section. Miller v. Miller, 101 Or App 371, 790 P2d 1184 (1990)

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