Squatters Rights Oregon Summary
Statutory Period
10 years of continuous possession
Primary Statute
Oregon Revised Statutes § 105.620
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Payment of property taxes (for 5-year claim)
- Color of title (for 5-year claim)
- Cultivation or improvement of the land
Squatters Rights 30 Days Oregon
Origins of the 30-Day Myth in Oregon
- Confusion with tenant laws: Oregon's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in Oregon is 10 years (or 5 years with color of title and tax payment), not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
Oregon's 2025 Squatter Removal Process
Oregon law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Oregon's criminal trespass laws
- For situations requiring court action, Oregon offers a specialized forcible entry and detainer process
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, Oregon has strengthened trespassing penalties and clarified removal procedures
Important 2025 Update: Oregon has clarified its trespassing laws to better address squatting situations, with amendments to ORS § 164.245 and § 164.255 (criminal trespass) to more explicitly address unauthorized property occupation. Law enforcement can now more readily remove unauthorized occupants. For actual adverse possession in Oregon, a claimant must occupy the property for 10 years continuously, not 30 days as commonly misunderstood.
Overview of Adverse Possession in Oregon
Key information about squatter's rights in Oregon
Oregon's adverse possession laws feature a dual-track system with different time requirements based on documentation and tax payment. The state also has unique considerations for what constitutes "cultivation" in varied maritime and semi-arid environments.
Statutory Time Requirements
Oregon requires a 10-year period of continuous possession to establish adverse possession:
- 10 years: Standard adverse possession period (ORS § 12.050)
- Additional requirements: Since 1990, Oregon also requires honest belief of ownership and payment of taxes during the statutory period (ORS § 105.620)
Reference: Oregon Revised Statutes
Common Law Elements
To establish adverse possession in Oregon, the following elements must be proven:
- Actual: Physical occupation of the property
- Hostile: Possession without the owner's permission
- Exclusive: Using the property as if the possessor were the owner
- Open and Notorious: Visible use that would be obvious to the true owner
- Continuous: Uninterrupted possession for the entire statutory period
Desert Land Cultivation
Oregon courts recognize that in the state's arid climate, traditional "cultivation" may not be possible. The courts have broadly interpreted what constitutes cultivation to include:
- Fencing the property
- Building structures
- Installing irrigation systems
- Clearing brush and managing vegetation
- Creating access roads
These adaptations acknowledge the practical realities of maintaining land in Oregon's varied maritime and semi-arid environment.
Oregon's Unique Requirements
Oregon has some of the strictest adverse possession requirements in the United States, including:
- An "honest belief" of actual ownership
- This belief must be reasonable under the circumstances
- The belief must be continuous for the entire 10-year period
- Payment of all taxes assessed on the property during the claim period
- Clear and convincing evidence standard (higher than most states)
These requirements, added in 1990, make Oregon's adverse possession laws more restrictive than most other states.
Oregon Adverse Possession Statutes
ORS § 12.050. Action for the recovery of real property
An action for the recovery of real property, or for the recovery of the possession thereof, shall be commenced within 10 years. No action shall be maintained for such recovery unless it appear that the plaintiff, an ancestor, predecessor, or grantor was seized or possessed of the premises in question within 10 years before the commencement of the action.
ORS § 105.620. Acquiring title by adverse possession
(1) A person may acquire fee simple title to real property by adverse possession only if:
(a) 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;
(b) At the time the person claiming by adverse possession or the person's predecessors in interest, first entered into possession of the property, the person entering into possession had the honest belief that the person was the actual owner of the property and that belief:
(A) By the person and the person's predecessor in interest, continued throughout the vesting period;
(B) Had an objective basis; and
(C) Was reasonable under the particular circumstances; and
(c) The person and the predecessors in interest of the person have paid all taxes on the property during the vesting period.
(2) As used in this section, "vesting period" means the 10-year period required for adverse possession.
Important Legal Notes
- Oregon's adverse possession laws were significantly reformed in 1989 (effective 1990) to add the "honest belief" and tax payment requirements.
- Under Oregon law, multiple periods of adverse possession may be "tacked" together if there is privity between successive occupants.
- Oregon requires "clear and convincing evidence" to establish adverse possession, a higher standard than many other states.
- Oregon specifically exempts all government-owned lands from adverse possession claims.
Key Oregon Adverse Possession Cases
Hoffman v. Freeman Land and Timber, LLC (2017)
The Oregon Supreme Court clarified the "honest belief" requirement, holding that a claimant must prove they honestly believed they owned the property when they first entered possession. The court emphasized that this belief must be objectively reasonable based on the circumstances at the time possession began.
Stiles v. Godsey (2014)
The Oregon Court of Appeals held that payment of property taxes is an essential element for adverse possession claims initiated after 1990. The court rejected a claim where the possessor had met all other requirements but had not paid taxes on the disputed property during the statutory period.
Wiser v. Elliott (2010)
This case addressed the "continuous" requirement, holding that seasonal use of property consistent with how an owner would use similar property in the area can satisfy the continuity requirement. The court recognized that different types of property may be used differently depending on their nature and location.
Mid-Valley Resources v. Engelson (2002)
Established that in boundary dispute cases, when neighbors have treated a particular line as the boundary for the statutory period, the neighbor who has occupied land beyond their true boundary may acquire it through adverse possession if all elements are met, including the post-1990 requirements of honest belief and tax payment.
Oregon Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Oregon, a claimant typically must:
- File a quiet title action in the circuit court of the county where the property is located
- Provide evidence meeting the 10-year requirement under ORS § 12.050 and § 105.620
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Prove an honest belief of ownership that was objectively reasonable
- Show payment of all property taxes during the 10-year period
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements
- Meet the "clear and convincing evidence" standard
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county recorder's office to establish clear title to the property.
Defending Against Squatters
Oregon property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Keeping property tax payments current
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Oregon provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request immediate assistance from law enforcement to remove unauthorized occupants under Oregon's criminal trespass laws (ORS § 164.245 to § 164.255).
- Forcible Entry and Detainer: This is Oregon's eviction process for removing unauthorized occupants:
- File a complaint for forcible entry and detainer with the justice court
- Attend the hearing (typically scheduled within 5-10 days)
- Obtain a writ of restitution if the court rules in your favor
- Have the constable execute the writ to remove the squatters
- Criminal Trespass Charges: In many cases, property owners can pursue criminal trespass charges against squatters under ORS § 164.245 to § 164.255.
Important: Oregon law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Frequently Asked Questions
How long must someone occupy my property in Oregon to claim adverse possession?
In Oregon, there are two timeframes for adverse possession: 10 years under the standard claim, or 5 years if the claimant has color of title (a document that appears to give ownership rights) and has paid property taxes during that period. The "30-day squatter's rights" claim is a myth - no one can gain ownership rights to your property after just 30 days of occupation.
What constitutes "cultivation" in Oregon's varied maritime and semi-arid environment?
Oregon courts interpret "cultivation" broadly based on the nature and character of the land. In Oregon's varied maritime and semi-arid environment, this can include traditional agricultural uses, landscaping, garden maintenance, tree planting, brush clearing, installing fencing, building structures, creating walkways, or other improvements appropriate for the specific type of property. The courts take a practical approach that evaluates whether the use is consistent with how a typical owner would use similar land in the region.
What is "color of title" in Oregon adverse possession law?
In Oregon, "color of title" refers to a written document (such as a deed, will, or other instrument) that appears to give the possessor ownership rights to the property but contains some legal defect. Having color of title along with paying property taxes reduces the required adverse possession period from 10 years to 5 years in Oregon.
Can I legally remove squatters from my property in Oregon?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request immediate law enforcement assistance under Oregon's criminal trespass laws. In other cases, you must use Oregon's forcible entry and detainer process, similar to an eviction. "Self-help" methods like changing locks or cutting off utilities are illegal in Oregon and could result in liability for the property owner.
Can someone claim adverse possession against government-owned land in Oregon?
No. Oregon law specifically exempts land owned by the state of Oregon, the federal government, counties, cities, and other public entities from adverse possession claims. This is particularly significant in Oregon, where a large percentage of land is publicly owned.
Can trespassers gain rights to my property after 30 days in Oregon?
No. This is a common misconception. In Oregon, adverse possession requires either 10 years (standard) or 5 years (with color of title and tax payment) of continuous, open, notorious, exclusive, and hostile possession. Short-term occupancy (whether 30 days or even several months) does not establish any ownership rights through adverse possession in Oregon.