Oregon Revised Statutes
Any person who has a legal estate in real property and a present right to the possession of the property, may recover possession of the property, with damages for withholding possession, by an action at law. The action shall be commenced against the person in the actual possession of the property at the time, or if the property is not in the actual possessio…
The plaintiff in the complaint shall set forth: The nature of the estate of the plaintiff in the property, whether it be in fee, for life, or for a term of years; including, when necessary, for whose life and the duration of the term. That the plaintiff is entitled to the possession thereof. That the defendant wrongfully withholds the property from the pl…
The defendant shall not be allowed to give in evidence any estate, license or right of possession in the property in the defendant or another, unless the same is pleaded in the answer. If pleaded, the nature and duration of the estate, license or right of possession shall be set forth with the certainty and particularity required in a complaint. If the defen…
A defendant who is in actual possession may, for answer, plead that the defendant is in possession only as tenant of another; naming the landlord and the place of residence of the landlord. Thereupon the landlord, if the landlord applies therefor, shall be made defendant in place of the tenant and the action shall proceed in all respects as if originally com…
The jury by their verdict shall find as follows: If the verdict is for the plaintiff, that the plaintiff is entitled to the possession of all or a part of the property described in the complaint, or that the plaintiff owns an undivided share or interest in all or a part of the property; including the nature and duration of the estate of the plaintiff in suc…
The plaintiff shall only be entitled to recover damages for withholding the property for the term of six years next preceding the commencement of the action, and for any period that may elapse from the commencement to the time of giving a verdict, excluding the value of the use of permanent improvements made by the defendant. When permanent improvements have…
If the right of the plaintiff to the possession of the property expires after the commencement of the action and before the trial, the verdict shall be given according to the fact and judgment shall be given only for the damages.
The court or judge thereof may, on motion, and after notice to the adverse party, or cause shown, grant an order allowing the party applying therefor to enter upon the property in controversy and make survey and admeasurement thereof for the purposes of the action. The order shall describe the property. A copy of the order shall be served upon the defendant…
An action for the recovery of the possession of real property against a person in possession is not prejudiced by any alienation made by such person, either before or after the commencement of the action. If the alienation is made after the commencement of the action, and the defendant does not satisfy the judgment recovered for damages for withholding the p…
In an action by a tenant in common of real property against a cotenant, the plaintiff shall show, in addition to the evidence of right of possession, that the defendant either denied the plaintiff’s right or did some act amounting to a denial.
Except as provided in subsection (2) of this section, the judgment in an action to recover the possession of real property is conclusive as to the estate in the property and the right to the possession thereof, so far as the same is thereby determined, upon the party against whom the judgment is given, and against all persons claiming from, through or under …
If the plaintiff has taken possession of the property before the judgment is set aside and a new trial granted as provided in ORS 105.055 (2), the possession is not thereby affected in any way. If judgment is given for the defendant in the new trial, the defendant is entitled to restitution by execution in the same manner as if the defendant were plaintiff.
In an action at law for the recovery of the possession of real property, if either party claims the property as a donee of the United States under the Act of Congress approved September 27, 1850, commonly called the Donation Law, or the Acts amendatory thereto, such party from the date of settlement of the party on the property, as provided in said Acts, is …
In any action to recover the possession of real property, as provided for in ORS 105.005, notice to quit, when necessary, may be given as prescribed in ORS 91.050 to 91.110 and 105.120. Nothing in ORS 105.100 to 105.168 prevents such action from being maintained for the recovery of the possession of real property although the entry of the defendant is forcib…
In all cases where property in this state is or has been claimed or owned by residents of this state in common with others, and such residents have obtained or shall obtain the possession of the property at their own cost, expense or labor, they are entitled to reimbursement from the remaining claimant in common of the property, according to their proportion…
As used in ORS 105.100 to 105.168, “attorney” includes an associate licensee of the Oregon State Bar practicing law in the licensee’s approved scope of practice.
No person shall enter upon any land, tenement or other real property unless the right of entry is given by law. When the right of entry is given by law the entry shall be made in a peaceable manner and without force.
When a forcible entry is made upon any premises, or when an entry is made in a peaceable manner and possession is held by force, the person entitled to the premises may maintain in the county where the property is situated an action to recover the possession of the premises in the circuit court or before any justice of the peace of the county.
As used in this section, “state service member” means a member of the organized militia who is called into active service of the state by the Governor under ORS 399.065 (1) for 30 or more consecutive days. In an action pursuant to ORS 105.110, the court may stay the eviction of the defendant for up to 90 days if: The defendant is a state service member; T…
A tenant or former tenant may bring an action to recover personal property taken or retained by a landlord in violation of ORS chapter 90. An action under this section shall be governed by the provisions of ORS 105.100 to 105.168 except that: The complaint shall be in substantially the following form and shall be available from the court clerk: __________…
Notwithstanding ORCP 7, for premises to which ORS chapter 90 or ORS 91.120 applies, the summons must be in substantially the following form and be available from the court clerk: ______________________________________________________________________________ IN THE CIRCUIT COURT FOR THE COUNTY OF _________ No. _____ SUMMONS RESIDENTIAL EVICTION PLAINT…
Except as provided by subsections (2) and (3) of this section, the following are causes of unlawful holding by force within the meaning of ORS 105.110, 105.123 and 105.126: When the tenant or person in possession of any premises fails or refuses to pay rent within 10 days after the rent is due under the lease or agreement under which the tenant or person in…
As used in this section, “rent” does not include funds paid under the United States Housing Act of 1937 (42 U.S.C. 1437f). Except as provided in subsection (3) of this section, an action for the recovery of the possession of the premises may be maintained in cases provided in ORS 105.115 (1)(b), when the notice to terminate the tenancy or to quit has been s…
A former tenant removed from a group recovery home under ORS 90.440 may bring an action for injunctive relief to recover possession if the removal was wrongful or in bad faith. An action under this section shall be governed by the provisions of ORS 105.100 to 105.168 except that: The complaint shall be in substantially the following form and shall be avail…
In an action pursuant to ORS 105.110, it is sufficient to state in the complaint: A description of the premises with convenient certainty; That the defendant is in possession of the premises; That, in the case of a dwelling unit to which ORS chapter 90 does not apply, the defendant entered upon the premises with force or unlawfully holds the premises with…
For a complaint described in ORS 105.123, if ORS chapter 90 applies to the dwelling unit: The complaint must be in substantially the following form and be available from the clerk of the court: ______________________________________________________________________________ IN THE CIRCUIT COURT FOR THE COUNTY OF _________ No. _____ RESIDENTIAL EVICTION …
For a complaint described in ORS 105.123, if ORS chapter 90 does not apply to the premises: The complaint must be in substantially the following form and be available from the clerk of the court: ______________________________________________________________________________ IN THE CIRCUIT COURT FOR THE COUNTY OF _________ EVICTION COMPLAINT (Not cover…
In an action for possession of a dwelling unit to which ORS chapter 90 applies: If the defendant raises a defense under ORS 90.449 based upon the defendant’s status as a victim of domestic violence, sexual assault or stalking and the perpetrator is a tenant of the dwelling unit, the court may issue an order terminating the tenancy of the perpetrator and ord…
Except as provided in this section and ORS 105.135, 105.137 and 105.140 to 105.161, an action pursuant to ORS 105.110 shall be conducted in all respects as other actions in courts of this state. Upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the clerk shall: Collect a filing fee of $88; Collect any other fee author…
No person named as a defendant in an action brought under ORS 105.100 to 105.168 may assert a counterclaim unless the right to do so is otherwise provided by statute.
Except as provided in this section, the summons shall be served and returned as in other actions. The clerk shall calculate the first appearance, which shall be: Seven days after the judicial day next following payment of the filing fees; or If the claim for possession is brought under ORS 90.392 or 90.394 for nonpayment as defined in ORS 90.395, 15 days …
The Judicial Department, in consultation with the Housing and Community Services Department, shall supply and may regularly update the notice required under ORS 90.395 (2) and 105.135 (2)(d). The notice must be in substantially the following form: ______________________________________________________________________________ THIS IS AN IMPORTANT NOTICE OF …
In the case of a dwelling unit to which ORS chapter 90 applies: A default judgment shall be entered in favor of the plaintiff for possession of the premises and costs and disbursements only if: The plaintiff appears and the defendant fails to appear at the first appearance; The court determines that the complaint complies with ORS 105.115 and 105.124 and …
Notwithstanding ORS 105.137 (6), if a party to an action to which ORS 90.505 to 90.850 apply moves for an order compelling arbitration and abating the proceedings, the court shall summarily determine whether the controversy between the parties is subject to an arbitration agreement enforceable under ORS 90.769 and, if so, shall issue an order compelling the …
If a landlord brings an action for possession under ORS 90.403 and the person in possession contends that the tenant has not vacated the premises, the burden of proof is on the defendant as to that issue.
No continuance shall be granted to a defendant for a longer period than two days unless: The defendant gives an undertaking to the adverse party with good and sufficient security, to be approved by the court, conditioned for the payment of the rent that may accrue if judgment is rendered against the defendant; or In an action for the recovery of the posses…
If an action is tried by the court without a jury, and after hearing the evidence the court concludes that the complaint is not true, the court shall enter judgment against the plaintiff for costs and disbursements. If the court finds the complaint true or if judgment is rendered by default, the court shall render a general judgment against the defendant and…
In an action to recover possession of the premises, if the court has entered an order by stipulation that provides for the defendant to retain possession of the premises contingent upon the defendant’s performance or payment of moneys by a certain date as provided under ORS 105.145 (2), and the defendant fails to comply with the order, the plaintiff may obta…
To contest a plaintiff’s affidavit or declaration of noncompliance under ORS 105.146 and delay expiration of the notice of restitution period or execution upon the judgment of restitution, a defendant shall file a request for hearing with the clerk of the court. The request must be filed prior to issuance by the clerk of a writ of execution of judgment of re…
Upon receipt of a timely filed request for hearing described in ORS 105.148, the clerk of the court: Shall schedule a hearing on the defendant’s request as soon as practicable; Shall notify both parties of the hearing date; Shall mail or send by facsimile a copy of the defendant’s request to the plaintiff; and May not issue a writ of execution of judgmen…
If the court renders judgment for restitution of the premises to the plaintiff, the plaintiff may only enforce that judgment in the following manner: Issuance by the clerk of the court and service upon the defendant of a notice of restitution that shall give the defendant four days to move out of the premises, including removal of all personal property; and…
If the court entered a judgment pursuant to ORS 105.146, a notice of restitution issued by the clerk of the court pursuant to ORS 105.151 must be in substantially the following form: ______________________________________________________________________________ IN THE CIRCUIT COURT FOR THE COUNTY OF _________ Notice of Restitution because of not complyi…
If a court entered a judgment other than pursuant to ORS 105.146, a notice of restitution issued by the clerk of the court pursuant to ORS 105.151 must be in substantially the following form: ______________________________________________________________________________ In the Circuit Court for the County of _________ NOTICE OF RESTITUTION Case Number _…
The writ of execution of judgment of restitution referred to in ORS 105.151 must be in substantially the following form: ______________________________________________________________________________ State of Oregon, ) WRIT OF ) ss. EXECUTION OF ) JUDGMENT OF ) RESTITUTION County of _____ ) To the Sheriff: This was an eviction action for possession o…
The eviction trespass notice referred to in ORS 105.151 must be in substantially the following form: ______________________________________________________________________________ EVICTION TRESPASS NOTICE Occupants of these premises located at: ___________________________ ___________________________ ___________________________ have been evicted by an …
For purposes of this section, “process server” means any competent person 18 years of age or older who: Is a resident of the State of Oregon; Is not the plaintiff, a relative of the plaintiff or an agent of the plaintiff for purposes of management of the premises; Is a person regularly employed in the business of serving process; and Charges a fee no gre…
Notwithstanding ORCP 10, the four-day period specified in ORS 105.151 (2) shall: Commence at 12:01 a.m. on the day after mailing and service of the notice of restitution pursuant to ORS 105.158, including a Saturday or a Sunday or other legal holiday; and End at 11:59 p.m. on the fourth calendar day after the mailing and service except that if the fourth d…
Following issuance of the writ of execution of judgment of restitution and payment of any fees required by the sheriff, the sheriff shall immediately enforce and serve the writ upon the defendant, along with the eviction trespass notice, as follows: The sheriff shall mail a copy of the writ and the eviction trespass notice by first class mail to the defenda…
A person who was a defendant in an action under ORS 105.100 to 105.168 may apply by motion to the court where the judgment was entered for an order setting aside the judgment and sealing the official records of the action pertaining to the applicant. The court shall grant the motion if the court finds that: The judgment was a judgment of restitution entered…
On an annual basis, each justice and circuit court shall enter an order setting aside a judgment and sealing the official records for each case for possession brought under ORS chapter 90 for which the court finds that: The judgment does not contain a money award or that any money award has expired or been satisfied or discharged; and The judgment was a ju…
If ORS chapter 90 applies to a dwelling unit, following restitution of the premises to the plaintiff by the sheriff pursuant to ORS 105.161, the plaintiff shall remove, store and dispose of any personal property left by the defendant on the premises as provided in ORS 90.425 or 90.675. If ORS chapter 90 does not apply to a premises, the plaintiff or landlor…
Notwithstanding ORCP 27 or any other provision of law, a minor, as defined in ORS 109.697 and who is a tenant as defined under ORS 90.100, may appear as a party without appointment of a guardian or guardian ad litem in an action for forcible entry or wrongful detainer, under ORS 105.100 to 105.168 regarding possession of a residential dwelling unit to which …
For purposes of ORS 105.170 to 105.185: “Easement” means a nonpossessory interest in the land of another which entitles the holders of an interest in the easement to a private right of way, embodying the right to pass across another’s land. “Holders of an interest in an easement” means those with a legal right to use the easement, including the owner of th…
The holders of an interest in any easement shall maintain the easement in repair. The cost of maintaining the easement in repair shall be shared by each holder of an interest in the easement, pursuant to the terms of any agreement entered into by the parties for that purpose or any recorded instrument creating the easement. Any such agreement, or a memorand…
If any holder of an interest in an easement fails to maintain the easement contrary to an agreement or contrary to the maintenance provisions of a recorded instrument creating the easement or, in the absence of an agreement or recorded instrument imposing maintenance obligations, fails after demand in writing to pay the holder’s proportion of the cost as ind…
The provisions of ORS 105.170 to 105.185: Apply to all easements existing on or created after January 1, 1992; and Do not apply to rights of way held or used by providers of public services including, but not limited to, railroad common carriers, pipeline companies, public utilities, electric cooperatives, people’s utility districts, water utility district…
Whenever a covenant of good faith and fair dealing is implied in the lease of real property, a party’s rights or duties under such covenant may be modified only by express provision in the lease agreement. ENCUMBRANCES
As used in this section, “encumbrance” means: A claim, lien, charge or other liability that is attached to and is binding upon real property in this state as security for payment of a monetary obligation; or A reservation of title to real property in this state under a land sale contract. A person, or an agent of the person, that holds a lien that is an e…
When several persons hold real property as tenants in common, in which one or more of them have an estate of inheritance, or for life or years, or when several persons hold as tenants in common a vested remainder or reversion in any real property, any one or more of them may maintain a suit for the partition of the real property according to the respective r…
If the court finds that the property can neither be partitioned nor sold without great prejudice to the owners, the court may receive evidence as to the value of the respective interests, fix the value thereof, and make an order permitting an owner to borrow money upon the property with which to pay off the interest, as so fixed, of another owner. Subject to…
The interest of all known and unknown persons in the property shall be specifically and particularly set forth in the complaint for partition, as far as known to the plaintiff. If one or more of the parties, or the share or quantity of interest of any of the parties, is unknown to the plaintiff or is uncertain or contingent, or if the ownership of the inheri…
The plaintiff shall make a tenant in dower, by the curtesy, for life or for years of any portion of the entire property and creditors having a lien upon any portion of the property defendants in the suit. When the lien is upon an undivided interest or estate of any of the parties and a partition is made, it is thenceforth a lien only upon the share assigned …
The summons shall be directed by name to all the tenants in common who are known, to all lien creditors who are made parties to the suit and generally to all persons unknown having or claiming an interest or estate in the property.
If a party having a share or interest in or lien upon the property is unknown or cannot be found, and such fact is made to appear by affidavit, the summons may be served on the unknown or unlocated party by publication, directed by the court or judge, as in ordinary cases. When service of the summons is made by publication it must be accompanied by a brief d…
The defendant shall set forth in the answer the nature and extent of the interest of the defendant in the property. If the defendant is a lien creditor the defendant shall set forth how the lien was created, the amount of the debt secured thereby and remaining due, and whether such debt is secured in any other way, and if so, the nature of the other security…
The rights of the plaintiffs and defendants may be put in issue, tried and determined in the suit. If a defendant fails to answer, or if a sale of the property is necessary, the title shall be ascertained by proof to the satisfaction of the court before the judgment for partition or sale is given.
If it is alleged in the complaint and established by evidence, or if it appears by the evidence to the satisfaction of the court without an allegation in the complaint, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale of the property, and for that purpose may ap…
When it appears that partition cannot be made without prejudice to the rights and interests of some of the parties, the court may adjudge compensation to be made by one party to another on account of the inequality of partition. Compensation shall not be required to be paid to others by owners unknown, nor by infants unless it appears that an infant has pers…
In making the partition the referees shall divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court. They shall designate the several portions by proper landmarks, and may employ a surveyor with the necessary a…
The court may confirm or set aside the report in whole or in part and if necessary appoint new referees. Upon the report being confirmed, a judgment shall be given stating that the partition shall be effectual forever. Except as provided in ORS 105.265, the judgment is binding and conclusive: On all parties named therein, and their legal representatives, wh…
The judgment provided for in ORS 105.260 shall not affect tenants for years or for life of the whole of the property which is the subject of partition. Except as provided in ORS 105.260, the judgment and partition shall not preclude any person from claiming title to the property in question, or from controverting the title of the parties between whom the par…
If the referees report to the court that the property to be partitioned, or any separate portion thereof, is so situated that a partition thereof cannot be made without great prejudice to the owners, and the court is satisfied that the report is correct, it may, by an order, direct the referees to sell the property or separate portion thereof so situated.
If the report of the referee is confirmed the order of confirmation is binding and conclusive upon all parties to the suit.
All sales of real property made by the referees shall be made by public auction to the highest bidder in the manner required for the sale of real property on execution. The notice shall state the terms of sale. If the property or any part of it is to be sold subject to a prior estate, charge or lien, that fact shall be stated in the notice.
The proceeds of the sale of encumbered property shall be distributed by the judgment of the court as follows: To pay the property’s just proportion of the general costs of the suit. To pay the costs of the reference. To satisfy the several liens in their order of priority, by payment of the sums due and to become due, according to the judgment. The resid…
The proceeds of sale and the securities taken by the referees, or any part thereof, shall be distributed by them to the persons entitled thereto whenever the court so directs. If no such direction is given, all proceeds and securities shall be paid into court or deposited as directed by the court.
When the proceeds of sales of any shares or parcel belonging to known persons who are parties to the suit are paid into court, the suit may be continued as between such parties for the determination by the court of their respective claims thereto. Further testimony may be taken in court, or by a referee, at the discretion of the court, and the court may, if …
Whenever any party to the suit, who holds a lien upon any part of the property has other securities for the payment of the amount of the lien, the court may, in its discretion, order the securities to be exhausted before a distribution of the proceeds of sale, or may order a just deduction to be made from the amount of the lien on the property.
The court shall, in the order of sale, direct the terms of credit which may be allowed for the purchase money of any portion of the premises which it may direct to be sold on credit; and for that portion of which the purchase money is required by ORS 105.370 to be invested for the benefit of unknown owners, infants or parties out of the state. The referees m…
When only a part of the property is ordered to be sold, the whole of an estate for life or years in an undivided share of the property may be set off in any part of the property not ordered to be sold.
When the estate of any tenant for life or years in any undivided part of the property in question was admitted by the parties or ascertained by the court to be existing at the time of the order of sale, and the person entitled to such estate was made a party to the suit, the estate may be first set off out of any part of the property and a sale made of such …
Any person entitled to an estate for life or years in any undivided part of the property, whose estate has been sold, shall be entitled to receive such sum in gross as is, deemed, upon principles of law applicable to annuities, a reasonable satisfaction for the estate. If the person so entitled consents to that sum, the person shall accept it by executing an…
If a tenant does not consent pursuant to ORS 105.320, before the report of sale, the court shall ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be invested for the tenant’s benefit, and shall order that sum to be deposited in court for that purpose.
The proportion of the proceeds of the sale to be invested, as provided in ORS 105.325, shall be ascertained and determined as follows: If an estate in dower or curtesy is included in the order of sale its proportion shall be one-half of the proceeds of the sale of the property, or of the sale of the undivided share in the property upon which the claim or do…
If any person entitled to an estate for life or years is unknown, the court shall provide for the protection of the rights of the person in the same manner, as far as possible, as if the person were known and had appeared.
In all cases of sales in partition when it appears that any person has a vested or contingent future right or estate in any of the property sold, the court shall ascertain and settle the proportional value of the contingent or vested right or estate according to the principles of law applicable to annuities and survivorship, and shall direct such proportion …
In all cases of sales of property, the terms shall be known at the time. If the premises consist of distinct farms or lots they shall be sold separately, or otherwise if the court so directs.
Neither of the referees, nor any person for the benefit of either of them, shall be interested in any purchase at a partition sale; nor shall the guardian or conservator of the estate of an infant party be interested in the purchase of any real property that is the subject of the suit, except for the benefit of the infant. All sales contrary to the provision…
After completing the sale the referees shall report it to the court with the description of the different parcels of land sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale and the securities, if any, taken. The report shall be filed with the clerk.
The report of sale may be excepted to by any party entitled to a share of the proceeds in like manner and with like effect as in ordinary cases. If the sale is confirmed the order of confirmation shall direct the referees to execute conveyances and take securities pursuant to the sale, which acts they are hereby authorized to do. The order shall discharge th…
When a party entitled to a share of the property, or an encumbrancer entitled to have the lien of the encumbrancer paid out of the sale, becomes a purchaser, the referees may take a receipt for so much of the proceeds of the sale as belongs to the party or the encumbrancer.
When there are proceeds of sale belonging to an unknown owner, or to a person without the state who has no legal representative within it, or when there are proceeds arising from the sale of an estate subject to the prior estate of a tenant for life or years, which are paid into court or otherwise deposited by order of the court, such proceeds shall be inves…
Except as provided in ORS 105.380, security for the proceeds of sale shall be taken or investments of the proceeds shall be made in the name of the clerk of the court and the clerk’s successors in office, who shall hold the same for the use and benefit of the parties interested, subject to the order of the court.
When security is taken by the referees on a sale, and the parties interested in the security, by an instrument in writing under their hands delivered to the referees, agree upon the shares and proportions to which they are entitled, or when shares and proportions have been previously adjudged by the court, the securities shall be taken in the names of and pa…
The clerk in whose name a security is taken or by whom an investment is made, and the clerk’s successors in office, shall receive the interest and principal as it becomes due and apply and invest it as the court may direct. The clerk shall file in the office of the clerk all securities taken, and keep an account in a book provided and kept for that purpose i…
When the share of an infant is sold, the proceeds of the sale may be paid by the referees making the sale to the guardian of the infant, the conservator of the estate of the infant or the special guardian appointed for the infant in the suit, upon the guardian or conservator giving the security required by law or ordered by the court.
When the interest in real property of an incapacitated person has been sold, the share of the incapacitated person of the proceeds shall be given, on the behalf of the incapacitated person, to the conservator of the estate of the incapacitated person if the conservator executes, with sufficient sureties, an undertaking approved by the judge of the court, tha…
When an infant or an incapacitated person is interested in real estate held in common or in any other manner so as to authorize the infant or incapacitated person being made a party to an action for the partition thereof, the guardian of the infant or incapacitated person or the conservator of the estate of the infant or incapacitated person may consent to a…
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, includ…
The Legislative Assembly recognizes that there exists residential property in this state that is insanitary and unsafe and that many citizens, especially those with lower incomes, are forced to live in and occupy these properties. The Legislative Assembly further recognizes that there are residential properties in this state that have not been maintained in…
As used in ORS 105.420 to 105.455: “Abatement” means the removal or correction, including by demolition, of any condition at a property that violates the provisions of any duly enacted building or housing code or the making of other improvements or corrections needed to rehabilitate the property or structure, but does not include the closing or physical sec…
If residential property is in violation of building or housing codes such that the city or county believes it constitutes a threat to the public health, safety or welfare, the city or county, in addition to any other remedies available, may apply to the circuit court of the county in which the property is located for the appointment of a receiver to perform …
A receiver appointed by the court pursuant to ORS 105.420 to 105.455 may, unless specifically limited by the court: Take possession and control of the property, including the right to enter, modify and terminate tenancies pursuant to ORS 105.100 to 105.168, to charge and collect rents and to apply rents to the costs incurred due to the abatement and receive…
From time to time as the court may order during the receivership, but at least once no later than 60 days after the receivership begins and once no later than 30 days after the receivership terminates, a receiver shall file a report as described in ORS 37.200. Upon the court’s approval of the report, the court shall order: That the property is liable for an…
As used in this section, “purchase money security interest” means: The interest of a vendor under a land sale contract pertaining to the property if the contract was recorded prior to the issuance of the notice under ORS 105.430 (2); The interest of a mortgagee under a purchase money mortgage if the mortgage was recorded prior to the issuance of the notice…
The receivership authorized pursuant to the terms of ORS 105.420 to 105.455 shall terminate only by an order of the court after a showing by an interested party or the receiver that: The abatement has been completed; The costs and obligations incurred due to the abatement have been paid by an interested party or a lien has been filed pursuant to ORS 105.44…
If applicable under ORS 37.040, the Oregon Receivership Code applies to receiverships commenced under ORS 105.420 to 105.455, except that the provisions of ORS 105.420 to 105.455 control over conflicting provisions of the Oregon Receivership Code.
ORS 105.420 to 105.455 may be cited as the Oregon Housing Receivership Act. SELLER’S PROPERTY DISCLOSURE STATEMENT
For purposes of ORS 105.462 to 105.490: “Financial institution” has the meaning given that term in ORS 706.008. “Financial institution” includes a: Trust company, as that term is defined in ORS 706.008; Mortgage banker, as that term is defined in ORS 86A.100; Mortgage broker, as that term is defined in ORS 86A.100; and Consumer finance company that is l…
ORS 105.464 preempts any law, rule, regulation, code or ordinance of the political subdivisions of this state including, but not limited to, the Lane Regional Air Protection Agency regarding the disclosure of solid fuel burning devices, as defined in ORS 468A.485, in connection with a written offer to purchase real property in this state for which a seller’s…
A seller’s property disclosure statement must be in substantially the following form: ______________________________________________________________________________ If required under ORS 105.465, a seller shall deliver in substantially the following form the seller’s property disclosure statement to each buyer who makes a written offer to purchase real pro…
The provisions of ORS 105.462 to 105.490, 696.301 and 696.870: Apply to the real property described in subparagraphs (A) to (D) of this paragraph unless the buyer indicates to the seller, which indication shall be conclusive, that the buyer will use the real property for purposes other than a residence for the buyer or the buyer’s spouse, parent or child: …
ORS 105.462 to 105.490, 696.301 and 696.870 do not apply to: The first sale of a dwelling never occupied, provided that the seller provides the buyer with the following statement on or before the date the buyer is legally obligated to purchase the subject real property: “THIS HOME WAS CONSTRUCTED OR INSTALLED UNDER BUILDING OR INSTALLATION PERMIT(S) #___, I…
If a seller issues a seller’s property disclosure statement and a buyer has not then delivered to the seller a written statement waiving the buyer’s right to revoke the buyer’s offer, the buyer shall have five business days after delivery of the seller’s property disclosure statement to revoke the buyer’s offer by delivering to the seller a separate signed w…
The representations contained in a seller’s property disclosure statement and in any amendment to the disclosure statement are the representations of the seller only. The representations of the seller are not representations of: A financial institution that may have made or that may make a loan pertaining to the property covered by a seller’s property discl…
The burden of proof of lawful delivery of a seller’s property disclosure statement and any amendment thereto is on the seller. The burden of proof of lawful delivery of a notice of revocation of a buyer’s offer is on the buyer.
ORS 105.462 to 105.490, 696.301 and 696.870 do not directly, indirectly or by implication limit or alter any preexisting common law or statutory right or remedy including actions for fraud, negligence or equitable relief. ACTIONS AND SUITS FOR NUISANCES
Any person whose property or personal enjoyment thereof is affected by a private nuisance, may maintain an action for damages therefor. If judgment is given for the plaintiff in the action, the plaintiff may, on motion, in addition to the execution to enforce the judgment, obtain an order allowing a warrant to issue to the sheriff to abate the nuisance. The …
Not more than six months after an order to abate is entered under ORS 105.505, the plaintiff may file a request with the clerk of court for the issuance of a warrant to the sheriff that directs the sheriff to abate the nuisance. The sheriff may require that the plaintiff pay all sheriff’s fees required by ORS 21.300 before executing the warrant, and may requ…
At any time before an order to abate is made or a warrant to abate is issued, the defendant may, on motion to the court or judge thereof, have an order to stay the issuing of the warrant for such period as may be necessary, not exceeding six months, to allow the defendant to abate the nuisance, upon giving an undertaking to the plaintiff in a sufficient amou…
If the plaintiff is not notified of the time and place of the application for the order provided for in ORS 105.515, the sureties therein provided for shall justify as bail upon arrest, otherwise the justification may be omitted unless the plaintiff requires it. If the order is made and undertaking given, and the defendant fails to abate the nuisance within …
ABATEMENT OF NUISANCE ACTIVITIES OR CONDITIONS
As used in ORS 105.550 to 105.600, unless the context requires otherwise: “Of record” means: With regard to real property, that an owner’s interest is recorded in the public records provided for by Oregon statutes where the owner’s interest must be recorded to perfect a lien or security interest or provide constructive notice of the owner’s interest; or W…
The following are declared to be nuisances and shall be enjoined and abated as provided in ORS 105.550 to 105.600: Any place that, as a regular course of business, is used for the purpose of prostitution and any place where acts of prostitution or commercial sexual solicitation occur. Any place that is used and maintained for profit and for the purpose of …
An action to restrain or enjoin a nuisance described in ORS 105.555 or 105.597 may be brought by the Attorney General, district attorney, county attorney, city attorney or a person residing or doing business in the county where the property is located. The action shall be brought in the circuit court in the county where the property is located. Except as pro…
Any action shall be commenced by the filing of a complaint alleging facts constituting the nuisance, and containing a legal description of the property involved and an allegation that the owners of record of the property have been notified of the facts giving rise to the alleged nuisance at least 10 days prior to the filing of the action with the court. The …
An action under ORS 105.550 to 105.600 shall have precedence over all other actions, except prior matters of the same character, criminal proceedings and election contests.
Except as provided in subsection (3) of this section, if the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the general judgment in the case. The order of abatement may direct the effectual closing of the premises, building or place against its use for any purpose, and so keeping it closed for a per…
Any costs associated with securing the property under ORS 105.550 to 105.600 shall constitute a lien against the property declared to be a nuisance from the time a notice specifying the costs is filed of record. Any costs incurred by the county or local government to secure a property that is a nuisance described in ORS 105.555 (1)(c) and have the property …
An intentional violation of a restraining order, preliminary injunction or order of abatement under ORS 105.550 to 105.600 is a Class B misdemeanor.
Except to the extent that a judgment has been entered in the action for damages under ORS 105.560 (2), the abatement of a nuisance under ORS 105.550 to 105.600 does not prejudice the right of any person to recover damages for its past existence.
In addition to any places described in ORS 105.555, the following are declared to be nuisances and shall be enjoined and abated as provided in ORS 105.550 to 105.600: Any place being used on a continuous, regular or sporadic basis for carrying out any of the following activities, except with regard to activities and animals described under ORS 167.335, whet…
The provisions of ORS 105.550 to 105.600, 166.715 and 167.158 shall not be construed to limit the powers of cities and counties to adopt ordinances and regulations that further restrict the activities declared by ORS 105.555 or 105.597 to be nuisances provided that no such ordinance or regulation shall affect real or personal property unless it is consistent…
Any person claiming an interest or estate in real property not in the actual possession of another may maintain a suit in equity against another who claims an adverse interest or estate therein for the purpose of determining such conflicting or adverse claims, interests or estates. Any municipal corporation or county of this state claiming any interest or es…
Whenever any person claims real property as a donee of the United States by virtue of a settlement thereon under the Act of Congress approved September 27, 1850, commonly called the Donation Law, or the Acts amendatory thereto, and the patent for such property, or any portion thereof, was wrongfully issued to another, the person may maintain a suit in equity…
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 u…
A person may not acquire by adverse possession, as defined in ORS 105.620, property owned by a railroad or used for a railroad operation.
A person may acquire fee simple title to real property by adverse possession only if: The person and the predecessors in interest of the person have maintained actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years; At the time the person claiming by adverse possession or the person’s predecessors in …
ORS 105.623 to 105.649 may be cited as the Uniform Disclaimer of Property Interests Act.
As used in ORS 105.623 to 105.649: “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. “Disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made. “Disclaimer” means the refusal to accept an interest in property or a power over pr…
ORS 105.623 to 105.649 apply to disclaimers of any interest in or power over property without regard to when the interest or power that is disclaimed was created.
Unless displaced by a provision of ORS 105.623 to 105.649, the principles of law and equity supplement ORS 105.623 to 105.649. ORS 105.623 to 105.649 do not limit any right of a person to waive, release, disclaim or renounce an interest in property, or power over property, under a law other than ORS 105.623 to 105.649.
A person may disclaim, in whole or part, any interest in property or any power over property, including a power of appointment. A person may disclaim the interest or power even if the person who created the interest or power imposed a spendthrift provision or similar restriction on transfer or imposed a restriction or limitation on the right to disclaim. Ex…
For the purposes of this section: “Time of distribution” means the time when a disclaimed interest would have taken effect through possession or enjoyment. “Future interest” means an interest that takes effect through possession or enjoyment, if at all, at a time later than the time that the interest is created. Except for a disclaimer governed by ORS 105…
Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of: A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or All of the property except that part of the…
If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.
If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. If the holder has exercised the power and the disclaimer is of a power other than a presently ex…
A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable. A disclaimer of an interest in property by a person who is an object of an exercise of a power of appointment, or by a person who is a taker in default of an exercise of a p…
If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. If a fiduciary disclaims a power held in a fiduciary capacity that has been exercised, the disclaimer takes effect immediately after the last exercise of the power. A di…
As used in this section, “beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of: An annuity or insurance policy; An account with a designation for payment on death; A security registered in beneficiary form; A pension, profit-sharing, retirement or other employment-related benefit plan; or Any…
A disclaimer is barred by a written waiver of the right to disclaim. A disclaimer of an interest in property is barred if any of the following events occurs before the disclaimer becomes effective: The disclaimant accepts the interest sought to be disclaimed; The disclaimant voluntarily assigns, conveys, encumbers, pledges or transfers the interest sought…
Notwithstanding any other provision of ORS 105.623 to 105.649, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of the Internal Revenue Code and the regulations promulgated under that code, as in effect on December 31, 2010, as never having been transferred to the disclaimant, then the di…
If an instrument transferring an interest in property or a power over property that is subject to a disclaimer is required or permitted by law to be filed, recorded or registered, the disclaimer may be so filed, recorded or registered. Failure to file, record or register the disclaimer does not affect the validity of the disclaimer as between the disclaimant…
Except as otherwise provided in ORS 105.643, an interest in property or power over property existing on January 1, 2002, may be disclaimed in the manner provided by ORS 105.623 to 105.649 after January 1, 2002, unless the time for delivering or filing a disclaimer had expired under law in effect immediately before January 1, 2002.
ORS 105.623 to 105.649 do not allow any person to disclaim an interest in property, including any jointly held property, if the purpose or effect of the disclaimer is to prevent recovery of money or property under ORS 411.620.
In applying and construing ORS 105.623 to 105.649, consideration must be given to the need to promote uniformity of the law with respect to disclaimers among states that enact versions of the Uniform Disclaimer of Property Interests Act.
PUBLIC USE OF LANDS
As used in this section: “Local government” has the meaning given that term in ORS 174.116. “Structures” means improvements in a trail, including, but not limited to, stairs and bridges, that are accessible by a user on foot, on an equine or on a bicycle or other nonmotorized vehicle or conveyance. “Unimproved right of way” means a platted or dedicated pu…
As used in ORS 105.672 to 105.696: “Charge”: Means the admission price or fee requested or expected by an owner in return for granting permission for a person to enter or go upon the owner’s land. Does not mean any amount received from a public body in return for granting permission for the public to enter or go upon the owner’s land. Does not include th…
The Legislative Assembly hereby declares it is the public policy of the State of Oregon to encourage owners of land to make their land available to the public for recreational purposes, for gardening, for woodcutting and for the harvest of special forest products by limiting their liability toward persons entering thereon for such purposes and by protecting …
Except as provided by subsection (2) of this section, and subject to the provisions of ORS 105.688, an owner of land is not liable in contract or tort for any personal injury, death or property damage that arises out of the use of the land for recreational purposes, gardening, woodcutting or the harvest of special forest products when the owner of land eithe…
Except as specifically provided in ORS 105.672 to 105.696, the immunities provided by ORS 105.682 apply to: All land, including but not limited to land adjacent or contiguous to any bodies of water, watercourses or the ocean shore as defined by ORS 390.605; All roads, bodies of water, watercourses, rights of way, buildings, fixtures and structures on the l…
An owner of land who either directly or indirectly permits any person to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products does not give that person or any other person a right to continued use of the land for those purposes without the consent of the owner. The fact that an owner of land allows the pub…
ORS 105.672 to 105.696 do not: Create a duty of care or basis for liability for personal injury, death or property damage resulting from the use of land for recreational purposes, for gardening, for woodcutting or for the harvest of special forest products. Relieve a person using the land of another for recreational purposes, gardening, woodcutting or the …
The State Forester, under the general supervision of the State Board of Forestry, may adopt any rules considered necessary for the administration of the provisions of ORS 105.672 to 105.696 on state land.
In addition to and not in lieu of any other damages that may be claimed, a plaintiff who is a landowner shall receive liquidated damages in an amount not to exceed $1,000 in any action in which the plaintiff establishes that: The plaintiff closed the land of the plaintiff as provided in subsection (2) of this section; and The defendant entered and remained…
When any dispute or controversy exists between owners of adjacent or contiguous lands in this state, concerning the boundary lines thereof, or the location of the line dividing such lands, any party to the dispute or controversy may bring an action in the circuit court in the county where all or part of the lands are situated, for the purpose of having the c…
The complaint in a boundary suit is sufficient if it appears therefrom that the plaintiff and defendant are owners of adjacent lands, some part of which is in the county in which the suit is brought and that there is a controversy or dispute between the parties concerning their boundary or dividing line. It shall not be necessary to set forth the nature of t…
The mode of proceeding in a boundary action is analogous to that of an action not triable by right to a jury. At the time of entering the judgment fixing the true location of the disputed boundary or dividing line the court shall appoint three disinterested commissioners, one of whom shall be a registered professional land surveyor, and shall direct the comm…
If the proceeding in a boundary action involves the location of a public land survey corner as defined by ORS 209.250 (3), the court shall determine the location of the public land survey corner by the following method: The court shall appoint three disinterested commissioners who are registered professional land surveyors, one of whom shall be the county s…
Before entering upon the discharge of their duties, the commissioners shall make and file their oath in writing to faithfully and impartially perform their duties as commissioners. After designating the boundary or dividing line by proper marks and monuments they shall file in the court a report of their doings as commissioners, and the report shall be, when…
The report of the commissioners may be confirmed by the court upon written motion of either party to the suit whenever it appears to the court that the motion was served upon the adverse party two days before the presentation thereof and no exceptions have been filed to the report within two days after the service. If exceptions are filed to the report, they…
As used in this section, “public road” means a road used by the general public, whether designated as a state highway, county or district road or otherwise, but does not include city streets under ORS 105.760. Whenever the Department of Transportation changes the grade of any public road from a previously established or maintained grade, the state shall be …
If consent is given by the governing body of any city to change any grade of any street as such grade has been established or maintained by the consenting city and pursuant thereto the Department of Transportation or a county changes the grade, the state or the county, whichever makes such change of grade, shall be liable for and shall pay just and reasonabl…
A special limitation or a condition subsequent, which restricts a fee simple estate in land, and the possibility of reverter or right of entry for condition broken thereby created, shall, if the specified contingency does not occur within 30 years after the possibility of reverter or right of entry was created, be extinguished and cease to be valid. This se…
The following shall apply to all possibilities of reverter and rights of entry limited on fees simple existing on January 1, 1978: A special limitation or a condition subsequent, which restricts a fee simple estate in land, and the possibility of reverter or right of entry for condition broken thereby created, shall be extinguished and cease to be valid, un…
ORS 105.770 to 105.774 shall not apply to conveyances made in favor of: The State of Oregon or any unit of local government as defined in ORS 190.003; or A corporation so long as it remains qualified as a nonprofit corporation pursuant to ORS chapter 65. If a corporation ceases to be so qualified, the conveyance to said corporation shall be treated in the …
A local government with land use jurisdiction may present for recordation in the office of the county clerk a notice of designation of substantial damage to a residential structure when the residential structure: Has sustained substantial damage, as defined in an ordinance for the purpose of regulating development in hazard areas, from flooding; and Has no…
If a guardian, conservator or tenant in severalty, or in common, for life or for years of real property commits waste thereon, any person injured thereby may maintain an action at law for damages against the guardian, conservator or tenant. In the action there may be judgment for treble damages, forfeiture of the estate of the party committing or permitting …
Except as provided in ORS 477.089 and 477.092 and subsections (4) to (7) of this section, whenever any person, without lawful authority, willfully injures or severs from the land of another any produce thereof or cuts down, girdles or otherwise injures or carries off any tree, timber or shrub on the land of another person, or of the state, county, United Sta…
Except as provided in subsection (3) of this section, if, upon the trial of an action included in ORS 105.810, it appears that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which the trespass was committed was the land of the defendant or the land of the person in whose service or by whose direct…
A tenant in common may maintain any proper action, suit or proceeding against a cotenant for receiving more than the just proportion of the rents or profits of the estate owned by them in common.
A person seised of an estate in remainder or reversion may maintain a civil action for any injury to the inheritance, notwithstanding the presence of an intervening estate for life or years.
If a court finds that a person has intentionally damaged or removed mining equipment or has intentionally removed or injured minerals, soil, gravel, sand, trees or shrubs located within the mining claim of another person, the court shall award actual damages to such other person, including any liability of such other person to third persons resulting from su…
As used in this section, “owner” means a person, including a tenant, lessee, occupant or other person, that possesses an interest in land, including but not limited to a possession of a fee title. An owner of land is not liable for personal injury, death or property damage that arises out of: Theft or attempted theft of metal property as defined in ORS 165…
CARBON MONOXIDE ALARMS IN DWELLINGS
As used in ORS 105.836 to 105.842 and 476.725, unless the context requires otherwise: “Carbon monoxide alarm” means a device that: Detects carbon monoxide; Produces a distinctive audible alert when carbon monoxide is detected; Conforms to State Fire Marshal rules; Is listed by Underwriters Laboratories or any other nationally recognized testing laborato…
A person may not convey fee title to a one and two family dwelling or multifamily housing that contains a carbon monoxide source, or transfer possession under a land sale contract of a one and two family dwelling or multifamily housing that contains a carbon monoxide source, unless one or more properly functioning carbon monoxide alarms are installed in the …
A purchaser or transferee of a one and two family dwelling or multifamily housing who is aggrieved by a violation of ORS 105.838 or of a rule adopted under ORS 476.725 may bring an individual action in an appropriate court to recover the greater of actual damages or $250 per residential unit. In any action brought under this section, the court may award to a…
As used in this section, “tamper” includes, but is not limited to, the removal of working batteries. Except as otherwise provided in this section, a person may not remove or tamper with a carbon monoxide alarm installed in a one and two family dwelling or multifamily housing. This section does not prohibit the removal of, or tampering with, a carbon monoxid…
ORS 90.316, 90.317, 105.836 to 105.842, 455.360 and 476.725 shall be known and may be cited as the Lofgren and Zander Memorial Act. RADON HAZARDS AND METHODS FOR TESTING AND MITIGATION
The Real Estate Agency shall provide information to alert potential buyers of one and two family dwellings to issues concerning radon in the dwellings. The information may include, but need not be limited to, radon hazard potential and methods of testing for and mitigating radon. The agency may collaborate with public or private entities to provide the infor…
As used in ORS 105.850 to 105.870, “commercial property” means land and improvements used in a business operated thereon for the production of income, one of the principal aspects of which is the storing of motor vehicles or the providing of lodging to travelers using private conveyances.
Whenever after January 1, 1973, a city or mass transit district, whether or not acting pursuant to its police powers or condemnation authority, restricts use of the street traffic lane immediately adjacent to a sidewalk abutting commercial property to public conveyances and the existing access to that property by the general public by means of private convey…
Any person having any right, title or interest in any such abutting real property has a cause of action against the city to enforce payment of the compensation. Any such action may be commenced and maintained in the circuit court for the county in which the real property is situated. Any party to any such action has the right to appeal from the judgment of t…
The circuit court shall, in its general judgment, apportion such just compensation as it may award among the various persons found by it to own or have some right, title or interest in such real property. The awarded compensation shall be apportioned according to the rules of law governing the distribution of awards made when real property is taken under the…
Any cause of action granted by ORS 105.850 to 105.870 is barred unless such action is commenced within 60 days after the date upon which the change of use becomes effective and use of the streets is prohibited or restricted. SOLAR ENERGY EASEMENTS
No person conveying or contracting to convey fee title to real property shall include in an instrument for such purpose a provision prohibiting the use of solar energy systems by any person on that property. Any provision executed in violation of subsection (1) of this section after October 3, 1979, is void and unenforceable. For the purposes of this secti…
As used in ORS 105.885 to 105.895: “Instrument” means a deed, contract, covenant, condition, permit or order that creates an access right to sunlight. “Solar energy easement” means any easement, covenant or conditions designed to insure the passage of incident solar radiation, light, air or heat across the real property of another. “Solar envelope” means …
A solar energy easement shall be appurtenant to and run with the real property benefited and burdened by such an easement. A solar energy easement shall terminate: Upon the conditions stated therein; By judgment of a court based upon abandonment or changed conditions; or At any time by agreement of all owners of benefited and burdened property.
Any instrument creating a solar energy easement or any other access right to sunlight shall contain: A legal description of the real property benefited and burdened by the easement; and A description of the solar energy easement sufficient to determine the space over the burdened property which must remain unobstructed by means that shall include, but not …
As used in ORS 105.905 and 105.910, “wind energy easement” means any easement, covenant or condition designed to insure the undisturbed flow of wind across the real property of another.
A wind energy easement shall be appurtenant to and run with the real property benefited and burdened by the easement. A wind energy easement shall terminate: Upon occurrence of the conditions stated in the creating instrument; By judgment of a court based upon abandonment or changed conditions; or At any time by agreement of all the owners of the benefit…
An instrument creating a wind energy easement shall include: A legal description of the real property benefited and burdened by the easement; A description of the dimensions of the easement sufficient to determine the horizontal space across and the vertical space above the burdened property that must remain unobstructed; The restrictions placed upon vege…
An instrument creating a lease or an option to lease real property or the vertical space above real property for a wind energy conversion system or for wind measuring equipment shall be recordable under ORS 93.710. An instrument described in subsection (1) of this section shall contain: The parties’ names; A legal description of the real property involved…
There shall be a form of co-ownership of personal property known as joint tenancy. A joint tenancy shall have the incidents of survivorship and severability as at common law. A joint tenancy may be created only by a written instrument which expressly declares the interest created to be a joint tenancy. It may be created by a transfer or bequest from a sole o…
As used in ORS 105.925 to 105.945: “Event data recorder” has the meaning given that term in 49 C.F.R 563.5, as in effect on January 1, 2008. “Owner” means a person: In whose name a motor vehicle is registered or titled; Who leases a motor vehicle for at least three months; Who is entitled to possession of a motor vehicle as the purchaser under a securit…
Except as specifically provided under ORS 105.925 to 105.945, the data on a motor vehicle event data recorder is exclusively owned by the owner of the motor vehicle and may not be retrieved or used by any person other than the owner of the motor vehicle without the written consent of the owner. If a motor vehicle is owned by more than one person, all owners …
Data on a motor vehicle event data recorder does not become the property of a lienholder or insurer solely because the lienholder or insurer succeeds in ownership of a motor vehicle as a result of an accident. An insurer may not condition the payment or settlement of an owner’s claim on the owner’s consent to the retrieval or use of the data on a motor vehi…
Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner after an accident if a court orders the production of the data based on a determination by the court that: A law enforcement officer has probable cause to believe that a crime has occurred and that the data is relevant to the investigation of the crime; o…
Upon petition of an insurer, a court may order that data from a motor vehicle event data recorder be retrieved or used without the consent of the owner of the motor vehicle after an accident if the court determines that: The owner has a policy of insurance for the vehicle issued by the insurer; The data is necessary to reconstruct the facts of the accident…
Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner to facilitate or determine the need for emergency medical care for the driver or passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency, including the retrieval of data from a company that provides subscription services t…
ORS 105.925 to 105.945 do not apply to data that is stored or transmitted pursuant to a subscription service agreement for the use of a recording device to record a history of where a motor vehicle travels or for the transmission of data to a central communications system. RULE AGAINST PERPETUITIES
A nonvested property interest is invalid unless: When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or The interest either vests or terminates within 90 years after its creation. A general power of appointment, not presently exercisable because of a condition precedent, is i…
Except as provided in subsections (2) and (3) of this section and in ORS 105.970 (1), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. For purposes of ORS 105.950 to 105.975, if there is a person who alone can exercise a power created by a governing instrument to become t…
Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the 90 years allowed by ORS 105.950 (1)(b), (2)(b) and (3)(b) if: A nonvested property interest or a power of appointment becomes invalid under ORS 105.950, statutory rule a…
ORS 105.950, statutory rule against perpetuities, does not apply to: A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of: A premarital or postmarital agreement; A separation or divorce settlement; A spouse’s election; A similar arrang…
Except as extended by subsection (2) of this section, ORS 105.950 to 105.975 apply to a nonvested property interest or a power of appointment that is created on or after January 1, 1990. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevoca…
ORS 105.950 to 105.975 shall be cited as the Uniform Statutory Rule Against Perpetuities. ORS 105.950 to 105.975 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of ORS 105.950 to 105.975 among states enacting it. ORS 105.950 to 105.975 supersede the rule of the common law known as the rul…
As used in this section: “Commercial or industrial property” means property that is not used primarily for residential occupancy or for local government purposes. “Local government” has the meaning given that term in ORS 174.116. “Xeriscaping” means the selection of drought tolerant plants, the minimization of evaporation and runoff and the use of other l…