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2019 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- Section 105.065 [Repealed by 1969 c.591 §305]
- 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.
- 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- Section 105.125 [Amended by 1975 c.256 §9; 1981 c.753 §7; 1993 c.369 §16; 1995 c.559 §47; 1997 c.577 §32; repealed by 2001 c.596 §3 (105.123, 105.124 and 105.126 enacted in lieu of 105.125)]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 [1999 c.603 §4; repealed by 2001 c.596 §9 (105.146, 105.148 and 105.149 enacted in lieu of 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 [Repealed by 1989 c.506 §20]
- 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 [1995 c.559 §50 (enacted in lieu of 105.155); 1995 c.658 §70a; 1997 c.577 §§36,37; 1999 c.603 §37; repealed by 2001 c.596 §13 (105.151, 105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and 105.161 enacted in lieu of 105.154)]
- Section 105.155 [Amended by 1979 c.765 §6; 1985 c.588 §15; 1993 c.369 §27; repealed by 1995 c.559 §49 (105.154 enacted in lieu of 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 [Repealed by 1977 c.365 §3 and 1977 c.416 §5]
- Section 105.161 - Service and enforcement of writ of execution and eviction trespass notice.
- Section 105.163 - Setting aside judgment.
- 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.
- 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.
- 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.
- Section 105.420 - Findings; policy.
- Section 105.425 - Definitions for ORS 105.420 to 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 - Report of abatement expenditures; court approval; lien.
- Section 105.445 - Effect on purchase money security interest of lien for unpaid abatement expenses.
- Section 105.450 - Termination of receivership.
- Section 105.452 - Applicability of Oregon Receivership Code.
- Section 105.455 - Short title.
- 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.
- 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 [Repealed by 1969 c.509 §8]
- Section 105.530 [Repealed by 1969 c.509 §8]
- 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 [Formerly 465.140; repealed by 1999 c.168 §12]
- 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.
- 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.
- Section 105.623 - Short title.
- Section 105.624 - Definitions for ORS 105.623 to 105.649.
- Section 105.625 [1975 c.622 §8; repealed by 2001 c.245 §19]
- Section 105.626 - Scope.
- Section 105.627 [1975 c.622 §1; 1981 c.56 §1; repealed by 2001 c.245 §19]
- Section 105.628 - Effect on other law.
- Section 105.629 - Power to disclaim; general requirements; when irrevocable.
- Section 105.630 [1975 c.622 §2; 1981 c.56 §2; 1983 c.740 §10; 1997 c.813 §1; repealed by 2001 c.245 §19]
- Section 105.632 [1975 c.622 §3; 1981 c.56 §3; 1997 c.813 §2; repealed by 2001 c.245 §19]
- Section 105.633 - Disclaimer of interest in property.
- Section 105.634 - Disclaimer of rights of survivorship in jointly held property.
- Section 105.635 [1975 c.622 §4; 1981 c.56 §4; repealed by 2001 c.245 §19]
- Section 105.636 - Disclaimer of interest by trustee.
- Section 105.637 [1975 c.622 §5; repealed by 2001 c.245 §19]
- 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 [1975 c.622 §7; repealed by 2001 c.245 §19]
- 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 [1971 c.780 §1; 1973 c.732 §4; 1979 c.258 §1; 1983 c.775 §1; 1991 c.968 §6; repealed by 1995 c.456 §9]
- Section 105.660 [1971 c.780 §2; 1973 c.732 §3; repealed by 1995 c.456 §9]
- Section 105.665 [1971 c.780 §3; repealed by 1995 c.456 §9]
- 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 [1971 c.780 §4; repealed by 1995 c.456 §9]
- Section 105.672 - Definitions for ORS 105.672 to 105.696.
- Section 105.675 [1971 c.780 §5; 1987 c.708 §4; repealed by 1995 c.456 §9]
- Section 105.676 - Public policy.
- Section 105.677 [1973 c.732 §2; repealed by 1995 c.456 §9]
- Section 105.680 [1971 c.780 §6; repealed by 1995 c.456 §9]
- 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 [1979 c.434 §1; 1985 c.375 §1; repealed by 1995 c.456 §9]
- Section 105.687 [1979 c.434 §2; repealed by 1995 c.456 §9]
- Section 105.688 - Applicability of immunities from liability for owner of land; restrictions.
- Section 105.689 [1979 c.434 §3; repealed by 1995 c.456 §9]
- Section 105.691 [1979 c.434 §4; repealed by 1995 c.456 §9]
- Section 105.692 - Right to continued use of land following permitted use; presumption of dedication or other rights.
- Section 105.693 [1979 c.434 §5; repealed by 1995 c.456 §9]
- Section 105.695 [1979 c.434 §6; repealed by 1995 c.456 §9]
- Section 105.696 - Duty of care or liability not created; exercise of care required of person using land.
- Section 105.697 [1979 c.434 §7; repealed by 1995 c.456 §9]
- Section 105.699 - Rules applicable to state lands.
- Section 105.700 - Prohibiting public access to private land; notice requirements; damages.
- 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.
- 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.
- 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.
- 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 [1981 c.841 §1; repealed by 1989 c.693 §21]
- 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 [1981 c.841 §2; repealed by 1989 c.693 §21]
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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