Chapter
105
Property Rights
Sections
105.005
Right of action
105.010
Contents of complaint
105.015
Answer
105.020
Substitution of landlord for tenant
105.025
Verdict
105.030
Damages for withholding
105.035
Judgment when plaintiff’s right to possession expires
105.040
Order to make survey
105.045
Action not prejudiced by alienation by person in possession
105.050
Cotenant shall prove ouster
105.055
Conclusiveness of judgment
105.060
Effect of new trial on plaintiff’s possession
105.070
Rights of donee under Donation Law
105.075
Notice to quit
105.080
Reimbursement of tenants in common obtaining possession
105.105
Entry to be lawful and peaceable only
105.110
Action for forcible entry or wrongful detainer
105.111
Stay of eviction for state service member
105.112
Action by tenant to recover personal property
105.113
Form of summons
105.115
Causes of unlawful holding by force
105.120
Notice necessary to maintain action in certain cases
105.121
Forms in action for possession of group recovery home
105.123
Complaint
105.124
Form of complaint if ORS chapter 90 applies
105.126
Form of complaint if ORS chapter 90 does not apply
105.128
Landlord action to remove perpetrator of domestic violence, sexual assault or stalking from possession of dwelling unit
105.130
How action conducted
105.132
Assertion of counterclaim
105.135
Service and return of summons
105.137
Effect of failure of party to appear
105.138
Compelling arbitration
105.139
Burden of proof in certain cases
105.140
Continuance
105.145
Judgment on trial by court
105.146
Failure of defendant to perform as ordered
105.148
Contesting plaintiff’s affidavit or declaration of noncompliance
105.149
Hearing on compliance with order
105.151
Enforcement of judgment of restitution
105.152
Form of notice of restitution for judgment entered under ORS 105.146
105.153
Form of notice of restitution for judgment not entered under ORS 105.146
105.156
Form of writ of execution for judgment of restitution
105.157
Form of eviction trespass notice
105.158
Service of notice of restitution
105.159
Computation of time before plaintiff may request writ of execution
105.161
Service and enforcement of writ of execution and eviction trespass notice
105.163
Setting aside judgment
105.165
Alternative method of removing, storing and disposing of tenant’s personal property
105.168
Minor as party in proceedings pertaining to residential dwellings
105.170
Definitions for ORS 105.170 to 105.185
105.175
Easement to be kept in repair
105.180
Action for failure to comply with duty of holder
105.185
Application of ORS 105.170 to 105.185
105.190
Covenant of good faith and fair dealing
105.200
Request for itemized statement
105.205
Who may maintain partition
105.210
When and how partition prevented
105.215
Complaint
105.220
Tenants and lien creditors as defendants
105.225
Summons
105.230
Service by publication
105.235
Answer
105.240
Rights determinable
105.245
Sale or partition ordered by court
105.250
Compensation when partition cannot be made without prejudice to party’s interest
105.255
How referees make partition
105.260
Power of court over report
105.265
Persons not affected by judgment
105.270
Order of sale on referees’ report
105.275
Conclusiveness of order confirming report
105.280
How sale made
105.285
Distribution of proceeds of sale
105.290
Distribution of proceeds by referee or payment into court
105.295
Continuance of suit after proceeds paid into court
105.300
When lienholder has other securities
105.305
Credit allowed
105.310
Setting off estate for life or years in part not sold
105.315
Disposition of life estate or leasehold
105.320
Compensation of tenants in case of sale
105.325
When court determines value of tenancy
105.330
Rules for determining value of certain estates
105.335
Protection of unknown tenants
105.340
Provision for future rights or interests
105.345
Notice of terms of sale
105.350
Purchase by referee, conservator or guardian forbidden
105.355
Report of sale
105.360
Exception to report
105.365
Purchase by encumbrancer or party entitled to share
105.370
Investment of proceeds for certain parties
105.375
In whose name securities taken or investments made
105.380
When securities are payable to parties
105.385
Clerk’s treatment of securities and investments
105.390
When proceeds paid to conservator or guardian of infant
105.395
Payment of proceeds to conservator of incapacitated person
105.400
When conservator or guardian may consent to partition
105.405
Costs and expenses of partition
105.420
Findings
105.425
Definitions for ORS 105.420 to 105.455
105.430
Receivership for buildings that constitute threat to public health, safety or welfare
105.435
Authority of receiver
105.440
Report of abatement expenditures
105.445
Effect on purchase money security interest of lien for unpaid abatement expenses
105.450
Termination of receivership
105.452
Applicability of Oregon Receivership Code
105.455
Short title
105.462
Definitions for ORS 105.462 to 105.490
105.463
Preemptive effect of ORS 105.464
105.464
Form of seller’s property disclosure statement
105.465
Application of ORS 105.462 to 105.490, 696.301 and 696.870
105.470
Exclusions from ORS 105.462 to 105.490, 696.301 and 696.870
105.475
Buyer’s statement of revocation of offer
105.480
Representations in disclosure statement
105.485
Allocation of burden of proof
105.490
Effect of ORS 105.462 to 105.490, 696.301 and 696.870 on rights and remedies
105.505
Remedies available for private nuisance
105.510
Procedure for abating a nuisance
105.515
Stay of issuance of warrant to abate
105.520
Justification of sureties
105.550
Definitions for ORS 105.550 to 105.600
105.555
Places declared nuisances subject to abatement
105.560
Action to restrain or enjoin nuisance
105.565
Complaint
105.575
Precedence of action on court docket
105.580
Order of abatement
105.585
Costs of securing or decontaminating property as lien
105.590
Penalty for intentional violation of restraining order
105.595
Action to abate nuisance not to affect other remedies
105.597
Places declared nuisances per se
105.600
ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities
105.605
Suits to determine adverse claims
105.610
Suit to cancel patent of donee under Donation Law
105.615
Action by tenant in common against cotenants
105.618
Adverse possession of railroad property
105.620
Acquiring title by adverse possession
105.623
Short title
105.624
Definitions for ORS 105.623 to 105.649
105.626
Scope
105.628
Effect on other law
105.629
Power to disclaim
105.633
Disclaimer of interest in property
105.634
Disclaimer of rights of survivorship in jointly held property
105.636
Disclaimer of interest by trustee
105.638
Disclaimer of power of appointment or other power not held in fiduciary capacity
105.639
Disclaimer by appointee, object or taker in default of exercise of power of appointment
105.641
Disclaimer of power held in fiduciary capacity
105.642
Delivery or filing
105.643
When disclaimer barred or limited
105.645
Tax qualified disclaimer
105.646
Recording of disclaimer
105.647
Application to existing relationships
105.648
Effect on recovery of money or property under ORS 411.620
105.649
Uniformity of application and construction
105.668
Immunity from liability for injury or property damage arising from use of trail or structures in public easement or right of way
105.672
Definitions for ORS 105.672 to 105.696
105.676
Public policy
105.682
Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products
105.688
Applicability of immunities from liability for owner of land
105.692
Right to continued use of land following permitted use
105.696
Duty of care or liability not created
105.699
Rules applicable to state lands
105.700
Prohibiting public access to private land
105.705
Right to bring action
105.710
Pleadings
105.715
Mode of proceeding
105.718
Procedure for determining location of public land survey corner
105.720
Oath and report of commissioners
105.725
Proceedings on motion to confirm report
105.755
State liability for damages resulting from change of grade of roads other than city streets
105.760
State or county liability for damages resulting from change of grade of streets
105.770
Failure of contingency
105.772
Preservation of future interests
105.774
Exclusions from application of ORS 105.770 and 105.772
105.780
Notice of substantial damage from flooding to residential structures
105.805
Action for waste
105.810
Treble damages for injury to or removal of produce, trees or shrubs
105.815
When double damages are awarded for trespass
105.820
Remedy of tenants in common
105.825
Action for injury to inheritance
105.831
Damages for injury to mining claim
105.834
Owner’s immunity from liability for theft of metal property
105.836
Definitions for ORS 105.836 to 105.842 and 476.725
105.838
Carbon monoxide alarm in dwelling
105.840
Action by purchaser for failure of seller to install carbon monoxide alarm
105.842
Tampering with carbon monoxide alarm
105.844
Short title
105.848
Radon information for potential buyers of one and two family dwellings
105.850
“Commercial property” defined for ORS 105.850 to 105.870
105.855
Requirement to compensate commercial property owners for reduced value of property caused by street use restriction
105.860
Cause of action against city for compensation
105.865
Apportioning compensation among property owners
105.870
Limitation on commencement of action
105.880
Conveyance prohibiting use of solar energy systems void
105.885
Definitions for ORS 105.885 to 105.895
105.890
Solar energy easement appurtenant
105.895
Requirements for easement creation by instrument
105.900
“Wind energy easement” defined for ORS 105.905 and 105.910
105.905
Wind energy easement appurtenant
105.910
Requirements for easement creation by instrument
105.915
Recording instrument creating lease or lease option of real property for wind energy conversion system
105.920
Joint tenancy in personal property
105.925
Definitions for ORS 105.925 to 105.945
105.928
Ownership of recorded data
105.932
Effect of vehicle ownership transfer on ownership of data
105.935
Court order for retrieval or use of data by law enforcement officers or certain emergency service providers
105.938
Court order for retrieval or use of data by insurer
105.942
Retrieval or use of data for responding to medical emergency, for medical research or for vehicle servicing or repair
105.945
Exempted data
105.950
Statutory rule against perpetuities
105.955
When nonvested property interest or power of appointment created
105.960
Reformation
105.965
Exclusions from statutory rule against perpetuities
105.970
Prospective application
105.975
Short title
105.980
Xeriscaping
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