2015 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 105 - Property Rights

ACTIONS FOR RECOVERY OF REAL PROPERTY

• Section 105.005 - Right of action; recovery; damages.
• Section 105.010 - Contents of complaint.
• Section 105.015 - Answer.
• Section 105.020 - Substitution of landlord for tenant.
• Section 105.025 - Verdict.
• Section 105.030 - Damages for withholding; setoff for improvements.
• Section 105.035 - Judgment when plaintiff’s right to possession expires.
• Section 105.040 - Order to make survey.
• Section 105.045 - Action not prejudiced by alienation by person in possession.
• Section 105.050 - Cotenant shall prove ouster.
• Section 105.055 - Conclusiveness of judgment.
• Section 105.060 - Effect of new trial on plaintiff’s possession.
• Section 105.065
• Section 105.070 - Rights of donee under Donation Law.
• Section 105.075 - Notice to quit; action to recover possession not affected by forcible entry or wrongful detainer.
• Section 105.080 - Reimbursement of tenants in common obtaining possession; lien.

FORCIBLE ENTRY AND WRONGFUL DETAINER

• Section 105.105 - Entry to be lawful and peaceable only.
• Section 105.110 - Action for forcible entry or wrongful detainer.
• Section 105.111 - Stay of eviction for state service member.
• Section 105.112 - Action by tenant to recover personal property; forms.
• Section 105.113 - Form of summons.
• Section 105.115 - Causes of unlawful holding by force; action for return of possession.
• Section 105.117
• Section 105.120 - Notice necessary to maintain action in certain cases; waiver of notice; effect of advance payments of rent.
• Section 105.121 - Forms in action for possession of group recovery home; limitation on issues; attorney fees.
• Section 105.123 - Complaint.
• Section 105.124 - Form of complaint if ORS chapter 90 applies.
• Section 90.405
• Section 105.125
• Section 105.126 - Form of complaint if ORS chapter 90 does not apply.
• Section 105.128 - Landlord action to remove perpetrator of domestic violence, sexual assault or stalking from possession of dwelling unit; retention of possession by victim.
• Section 105.130 - How action conducted; fees.
• Section 105.132 - Assertion of counterclaim.
• Section 105.135 - Service and return of summons; posting; contents; use of facsimile.
• Section 105.137 - Effect of failure of party to appear; attorney fees; judgment of dismissal; scheduling of trial; unrepresented defendant.
• Section 105.138 - Compelling arbitration; procedure.
• Section 105.139 - Burden of proof in certain cases.
• Section 105.140 - Continuance.
• Section 105.145 - Judgment on trial by court; duties of parties to stipulated agreement.
• Section 105.146 - Failure of defendant to perform as ordered; judgment of restitution.
• Section 105.147
• Section 105.148 - Contesting plaintiff’s affidavit or declaration of noncompliance; ex parte review of hearing request; delaying execution upon judgment of restitution.
• Section 105.149 - Hearing on compliance with order.
• Section 105.150
• Section 105.151 - Enforcement of judgment of restitution; notice of restitution.
• Section 105.152 - Form of notice of restitution for judgment entered under ORS 105.146.
• Section 105.153 - Form of notice of restitution for judgment not entered under ORS 105.146.
• Section 105.154
• Section 105.155
• Section 105.156 - Form of writ of execution for judgment of restitution.
• Section 105.157 - Form of eviction trespass notice.
• Section 105.158 - Service of notice of restitution.
• Section 105.159 - Computation of time before plaintiff may request writ of execution.
• Section 105.160
• Section 105.161 - Service and enforcement of writ of execution and eviction trespass notice.
• Section 105.165 - Alternative method of removing, storing and disposing of tenant’s personal property; requirements; landlord liability.
• Section 105.168 - Minor as party in proceedings pertaining to residential dwellings.

EASEMENT OWNER OBLIGATIONS

• Section 105.170 - Definitions for ORS 105.170 to 105.185.
• Section 105.175 - Easement to be kept in repair; sharing costs; agreements.
• Section 105.180 - Action for failure to comply with duty of holder; recovery of costs; arbitration.
• Section 105.185 - Application of ORS 105.170 to 105.185.

MODIFICATION OF LEASE TERMS

• Section 105.190 - Covenant of good faith and fair dealing; rights and obligations of parties.

PARTITION

• Section 105.205 - Who may maintain partition.
• Section 105.210 - When and how partition prevented.
• Section 105.215 - Complaint.
• Section 105.220 - Tenants and lien creditors as defendants; liens on undivided interests.
• Section 105.225 - Summons; to whom directed.
• Section 105.230 - Service by publication.
• Section 105.235 - Answer.
• Section 105.240 - Rights determinable; ascertainment of title where defendant defaults or sale is necessary.
• Section 105.245 - Sale or partition ordered by court.
• Section 105.250 - Compensation when partition cannot be made without prejudice to party’s interest.
• Section 105.255 - How referees make partition; report.
• Section 105.260 - Power of court over report; final judgment.
• Section 105.265 - Persons not affected by judgment.
• Section 105.270 - Order of sale on referees’ report.
• Section 105.275 - Conclusiveness of order confirming report.
• Section 105.280 - How sale made; notice of sale.
• Section 105.285 - Distribution of proceeds of sale.
• Section 105.290 - Distribution of proceeds by referee or payment into court.
• Section 105.295 - Continuance of suit after proceeds paid into court.
• Section 105.300 - When lienholder has other securities.
• Section 105.305 - Credit allowed.
• Section 105.310 - Setting off estate for life or years in part not sold.
• Section 105.315 - Disposition of life estate or leasehold.
• Section 105.320 - Compensation of tenants in case of sale.
• Section 105.325 - When court determines value of tenancy.
• Section 105.330 - Rules for determining value of certain estates.
• Section 105.335 - Protection of unknown tenants.
• Section 105.340 - Provision for future rights or interests.
• Section 105.345 - Notice of terms of sale; separate sale of distinct parcels.
• Section 105.350 - Purchase by referee, conservator or guardian forbidden.
• Section 105.355 - Report of sale.
• Section 105.360 - Exception to report; confirmation of sale; order of confirmation.
• Section 105.365 - Purchase by encumbrancer or party entitled to share.
• Section 105.370 - Investment of proceeds for certain parties.
• Section 105.375 - In whose name securities taken or investments made.
• Section 105.380 - When securities are payable to parties.
• Section 105.385 - Clerk’s treatment of securities and investments.
• Section 105.390 - When proceeds paid to conservator or guardian of infant.
• Section 105.395 - Payment of proceeds to conservator of incapacitated person.
• Section 105.400 - When conservator or guardian may consent to partition.
• Section 105.405 - Costs and expenses of partition.

HOUSING RECEIVERSHIP

• Section 105.420 - Findings; policy.
• Section 105.425 - Definitions for ORS 105.420 to 105.445 and 105.455.
• Section 105.430 - Receivership for buildings that constitute threat to public health, safety or welfare; procedure.
• Section 105.435 - Authority of receiver; financing agreements; fee; abatement work exempt from public contracting law.
• Section 105.440 - Review of abatement expenditures by court; lien for unpaid expenses.
• Section 105.445 - Effect on purchase money security interest of lien for unpaid abatement expenses.
• Section 105.450 - Termination of receivership.
• Section 105.455 - Short title.

SELLER’S PROPERTY DISCLOSURE STATEMENT

• Section 105.462 - Definitions for ORS 105.462 to 105.490.
• Section 105.463 - Preemptive effect of ORS 105.464.
• Section 105.464 - Form of seller’s property disclosure statement.
• Section 105.465 - Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement.
• Section 105.470 - Exclusions from ORS 105.462 to 105.490, 696.301 and 696.870.
• Section 105.475 - Buyer’s statement of revocation of offer; criteria.
• Section 105.480 - Representations in disclosure statement; application.
• Section 105.485 - Allocation of burden of proof.
• Section 105.490 - Effect of ORS 105.462 to 105.490, 696.301 and 696.870 on rights and remedies.

ACTIONS AND SUITS FOR NUISANCES

• Section 105.505 - Remedies available for private nuisance.
• Section 105.510 - Procedure for abating a nuisance.
• Section 105.515 - Stay of issuance of warrant to abate.
• Section 105.520 - Justification of sureties; proceedings when nuisance is not abated.
• Section 105.525
• Section 105.530

ABATEMENT OF NUISANCE ACTIVITIES OR CONDITIONS

• Section 105.550 - Definitions for ORS 105.550 to 105.600.
• Section 105.555 - Places declared nuisances subject to abatement.
• Section 105.560 - Action to restrain or enjoin nuisance; jurisdiction; remedies.
• Section 105.565 - Complaint; service; jury trial; admissibility of reputation as evidence.
• Section 105.570
• Section 105.575 - Precedence of action on court docket.
• Section 105.580 - Order of abatement; cancellation.
• Section 105.585 - Costs of securing or decontaminating property as lien; priority of lien; filing notice of pendency.
• Section 105.590 - Penalty for intentional violation of restraining order.
• Section 105.595 - Action to abate nuisance not to affect other remedies; exception.
• Section 105.597 - Places declared nuisances per se.
• Section 105.600 - ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities.

SUITS TO QUIET TITLE AND REMOVE CLOUD

• Section 105.605 - Suits to determine adverse claims.
• Section 105.610 - Suit to cancel patent of donee under Donation Law.
• Section 105.615 - Action by tenant in common against cotenants.
• Section 105.618 - Adverse possession of railroad property.
• Section 105.620 - Acquiring title by adverse possession.

UNIFORM DISCLAIMER OF PROPERTY INTERESTS

• Section 105.623 - Short title.
• Section 105.624 - Definitions for ORS 105.623 to 105.649.
• Section 105.625
• Section 105.626 - Scope.
• Section 105.627
• Section 105.628 - Effect on other law.
• Section 105.629 - Power to disclaim; general requirements; when irrevocable.
• Section 105.630
• Section 105.632
• Section 105.633 - Disclaimer of interest in property.
• Section 105.634 - Disclaimer of rights of survivorship in jointly held property.
• Section 105.635
• Section 105.636 - Disclaimer of interest by trustee.
• Section 105.637
• Section 105.638 - Disclaimer of power of appointment or other power not held in fiduciary capacity.
• Section 105.639 - Disclaimer by appointee, object or taker in default of exercise of power of appointment.
• Section 105.640
• Section 105.641 - Disclaimer of power held in fiduciary capacity.
• Section 105.642 - Delivery or filing.
• Section 105.643 - When disclaimer barred or limited.
• Section 105.645 - Tax qualified disclaimer.
• Section 105.646 - Recording of disclaimer.
• Section 105.647 - Application to existing relationships.
• Section 105.648 - Effect on recovery of money or property under ORS 411.620.
• Section 105.649 - Uniformity of application and construction.
• Section 105.655
• Section 105.660
• Section 105.665

PUBLIC USE OF LANDS

• Section 105.668 - Immunity from liability for injury or property damage arising from use of trail or structures in public easement or right of way.
• Section 105.670
• Section 105.672 - Definitions for ORS 105.672 to 105.696.
• Section 105.675
• Section 105.676 - Public policy.
• Section 105.677
• Section 105.680
• Section 105.682 - Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products.
• Section 105.685
• Section 105.687
• Section 105.688 - Applicability of immunities from liability for owner of land; restrictions.
• Section 105.689
• Section 105.691
• Section 105.692 - Right to continued use of land following permitted use; presumption of dedication or other rights.
• Section 105.693
• Section 105.695
• Section 105.696 - Duty of care or liability not created; exercise of care required of person using land.
• Section 105.697
• Section 105.699 - Rules applicable to state lands.
• Section 105.700 - Prohibiting public access to private land; notice requirements; damages.

ACTION TO ESTABLISH BOUNDARY

• Section 105.705 - Right to bring action; filing of judgment.
• Section 105.710 - Pleadings.
• Section 105.715 - Mode of proceeding.
• Section 105.718 - Procedure for determining location of public land survey corner.
• Section 105.720 - Oath and report of commissioners.
• Section 105.725 - Proceedings on motion to confirm report.

ACTIONS BASED ON CHANGE OF GRADE

• Section 105.755 - State liability for damages resulting from change of grade of roads other than city streets; proceedings on cause of action; limitation.
• Section 105.760 - State or county liability for damages resulting from change of grade of streets; proceedings on cause of action.

EXTINGUISHMENT OF FUTURE INTERESTS

• Section 105.770 - Failure of contingency; application of extinguishment.
• Section 105.772 - Preservation of future interests; filing of notice of intent required; limitation.
• Section 105.774 - Exclusions from application of ORS 105.770 and 105.772.

SUBSTANTIAL DAMAGE FROM FLOODING TO RESIDENTIAL STRUCTURES

• Section 105.780 - Notice of substantial damage from flooding to residential structures.

MISCELLANEOUS ACTIONS

• Section 105.805 - Action for waste.
• Section 105.810 - Treble damages for injury to or removal of produce, trees or shrubs; costs and attorney fees; limitation on liability of contract logger.
• Section 105.815 - When double damages are awarded for trespass; exception.
• Section 105.820 - Remedy of tenants in common.
• Section 105.825 - Action for injury to inheritance.
• Section 105.830
• Section 105.831 - Damages for injury to mining claim.
• Section 105.834 - Owner’s immunity from liability for theft of metal property.
• Section 105.835

CARBON MONOXIDE ALARMS IN DWELLINGS

• Section 105.836 - Definitions for ORS 105.836 to 105.842 and 476.725.
• Section 105.838 - Carbon monoxide alarm in dwelling.
• Section 105.840 - Action by purchaser for failure of seller to install carbon monoxide alarm.
• Section 105.842 - Tampering with carbon monoxide alarm.
• Section 105.844 - Short title.

RADON HAZARDS AND METHODS FOR TESTING AND MITIGATION

• Section 105.848 - Radon information for potential buyers of one and two family dwellings.

ACTION FOR REDUCED COMMERCIAL PROPERTY VALUE RESULTING FROM STREET USE RESTRICTION

• Section 105.850 - "Commercial property" defined for ORS 105.850 to 105.870.
• Section 105.855 - Requirement to compensate commercial property owners for reduced value of property caused by street use restriction; effect of other access to property.
• Section 105.860 - Cause of action against city for compensation; appeal procedure; intervention.
• Section 105.865 - Apportioning compensation among property owners; termination of city liability.
• Section 105.870 - Limitation on commencement of action.

SOLAR ENERGY EASEMENTS

• Section 105.880 - Conveyance prohibiting use of solar energy systems void.
• Section 105.885 - Definitions for ORS 105.885 to 105.895.
• Section 105.890 - Solar energy easement appurtenant; termination.
• Section 105.895 - Requirements for easement creation by instrument; recordation.

WIND ENERGY EASEMENTS

• Section 105.900 - "Wind energy easement" defined for ORS 105.905 and 105.910.
• Section 105.905 - Wind energy easement appurtenant; termination.
• Section 105.910 - Requirements for easement creation by instrument; recordation.
• Section 105.915 - Recording instrument creating lease or lease option of real property for wind energy conversion system; requirements.

PERSONAL PROPERTY RIGHTS

• Section 105.920 - Joint tenancy in personal property; creation.

MOTOR VEHICLE EVENT DATA RECORDERS

• Section 105.925 - Definitions for ORS 105.925 to 105.945.
• Section 105.928 - Ownership of recorded data.
• Section 105.932 - Effect of vehicle ownership transfer on ownership of data; prohibited insurer and lessor actions.
• Section 105.935 - Court order for retrieval or use of data by law enforcement officers or certain emergency service providers.
• Section 105.938 - Court order for retrieval or use of data by insurer.
• Section 105.942 - Retrieval or use of data for responding to medical emergency, for medical research or for vehicle servicing or repair.
• Section 105.945 - Exempted data.

RULE AGAINST PERPETUITIES

• Section 105.950 - Statutory rule against perpetuities.
• Section 105.955 - When nonvested property interest or power of appointment created.
• Section 105.960 - Reformation.
• Section 105.965 - Exclusions from statutory rule against perpetuities.
• Section 105.970 - Prospective application.
• Section 105.975 - Short title; application and construction; supersession and repeal of common law.

XERISCAPING COMMERCIAL OR INDUSTRIAL PROPERTY

• Section 105.980 - Xeriscaping.