ORS 12.040
Limitations of suits generally

  • land patent suits
  • defense of possession by equitable title
  • suit on new promise, fraud or mistake

(1)

A suit shall only be commenced within the time limited to commence an action as provided in this chapter; and a suit for the determination of any right or claim to or interest in real property shall be deemed within the limitations provided for actions for the recovery of the possession of real property.

(2)

No suit shall be maintained to set aside, cancel, annul or otherwise affect a patent to lands issued by the United States or this state, or to compel any person claiming or holding under such patent to convey the lands described therein, or any portion of them, to the plaintiff in such suit, or to hold the same in trust for, or to the use and benefit of such plaintiff, or on account of any matter, thing or transaction which was had, done, suffered or transpired prior to the date of such patent, unless such suit is commenced within 10 years from the date of such patent.

(3)

This section shall not bar an equitable owner in possession of real property from defending possession by means of the equitable title; and in any action for the recovery of any real property, or the possession thereof, by any person or persons claiming or holding the legal title to the same under such patent against any person or persons in possession of such real property under any equitable title, or having in equity the right to the possession thereof as against the plaintiff in such action, such equitable right of possession may be pleaded by answer in such action, or set up by bill in equity to enjoin such action or execution upon any judgment rendered therein; and the right of such equitable owner to defend possession in such action, or by bill for injunction, shall not be barred by lapse of time while an action for the possession of such real property is not barred.

(4)

In a suit upon a new promise, fraud or mistake, the limitation shall only be deemed to commence from the making of the new promise or the discovery of the fraud or mistake.

Source: Section 12.040 — Limitations of suits generally; land patent suits; defense of possession by equitable title; suit on new promise, fraud or mistake, https://www.­oregonlegislature.­gov/bills_laws/ors/ors012.­html.

12.010
Time of commencing actions 12.020
When action deemed begun 12.040
Limitations of suits generally 12.050
Action to recover real property 12.060
Suit or action on land contracts 12.070
Action on judgment, decree or sealed instrument 12.080
Action on certain contracts or liabilities 12.085
Action against garnishee 12.090
Accounts 12.100
Action on official act or penalty 12.110
Actions for certain injuries to person not arising on contract 12.115
Action for negligent injury to person or property 12.117
Actions based on child abuse 12.118
Action based on conduct that constitutes sexual assault of adult or conduct knowingly allowing, permitting or encouraging sexual assault of adult 12.120
Action on escape 12.125
Action arising under rental agreement 12.130
Action for penalty 12.132
Action arising out of real estate appraisal activity or appraisal review 12.135
Action for damages from construction, alteration or repair of improvement to real property 12.137
Action for loss of or damage to property arising from nuclear incident 12.140
Actions not otherwise provided for 12.150
Suspension of running of statute by absence or concealment 12.155
Effect of notice of advance payment on running of period of limitation 12.160
Suspension for minors and persons who have disabling mental condition 12.170
Disability must exist when right of action accrues 12.180
Coexisting disabilities must all be removed 12.190
Effect of death on limitations 12.195
Effect of attorney death on limitations 12.200
Suspension by war as to alien 12.210
Suspension by injunction or prohibition of statute 12.220
Commencement of new action after involuntary dismissal 12.230
Acknowledgment or promise taking contract case out of statute 12.240
Effect of payment after obligation becomes due 12.250
Actions by state, county or public corporations 12.270
Conclusive presumption of validity of governmental subdivision boundary proceedings one year after effective date 12.272
Action based on pesticide application 12.274
Action against trustee of express trust 12.276
Action for death, injury or damage resulting from breast implants 12.278
Action against manufacturer of certain pickup trucks 12.280
Action based on practice of land surveying 12.282
Action against manufacturer of extendable equipment 12.410
Definitions for ORS 12.410 to 12.480 12.420
Purpose 12.430
Claims based on law of other states 12.440
Application of statutes and rules governing conflict of laws 12.450
When limitation period of another state not applicable 12.460
Claims to which statutes apply 12.470
Severability 12.480
Short title
Green check means up to date. Up to date

Current through early 2024

§ 12.040’s source at oregon​.gov