Acquiring title by adverse possession
Source:
Section 105.620 — Acquiring title by adverse possession, https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
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Notes of Decisions
Application of statute to interest vesting prior to 1990 was improper. Markovich v. Chambers, 122 Or App 503, 857 P2d 906 (1993)
Exclusivity requires use consistent with ownership, not physical exclusion of all others. Slak v. Porter, 128 Or App 274, 875 P2d 515 (1994)
Where easement is extinguished by adverse possession, reference to easement in deed subsequently transferring subservient estate does not re-create easement. Faulconer v. Williams, 147 Or App 389, 936 P2d 999 (1997), aff’d 327 Or 381, 964 P2d 246 (1998)
In context of easement, hostility entails intent to occupy land without subordination to rights of dominant estate holder. Faulconer v. Williams, 327 Or 381, 964 P2d 246 (1998)
Where grantor attains interest in property through adverse possession for full statutory period and subsequently acts with intent to transfer interest in property, grantee obtains interest in property that grantor acquired through adverse possession. Timber Service Co. v. Ellis, 163 Or App 349, 988 P2d 396 (1999)
Adverse possessor use of property over statutory period does not shift burden to land owner to prove use was permissive. Hoffman v. Freeman Land and Timber, LLC, 329 Or 554, 994 P2d 106 (1999)
Requirement that person claiming adverse possession had objectively reasonable belief concerning ownership does not alter doctrine established under common law allowing proof of hostile possession based on pure mistake. Clark v. Ranchero Acres Water Co., 198 Or App 73, 108 P3d 31 (2005)
This provision does not provide for adverse possession by owner of fee simple title to real property of easement on that real property. Uhl v. Krupsky, 254 Or App 736, 294 P3d 559 (2013)
Where property owner assumed that chain-link fence marked property line of lot and that all land within fence boundary was in owner’s possession, owner had “honest belief” based on mistaken assumption and lack of conscious awareness of intruding on neighbor’s land. Wood v. Taylor, 307 Or App 688, 479 P3d 560 (2020), Sup Ct review denied
Law Review Citations
23 EL 1297 (1993)