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You Are Here: Home » Land Use » What to Know About Adverse Possession in Oregon

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What to Know About Adverse Business & Commercial Litigation (21)

Possession in Oregon Business Law (34)

Civil Appeals (50)

On Behalf of Chenoweth Law Group, P.C. | Sep 11, 2020 | Land Use, Real Estate Law | Civil Litigation (149)
Collections (2)
Adverse possession is a long-established legal doctrine concerning property rights. Based
Elder Abuse (1)
in common law dating back centuries, the doctrine essentially grants property ownership
Employment Law (3)
to trespassers (hence its informal moniker, “squatter’s rights.”) The doctrine is now
Environmental Litigation (8)
limited by statute in most states, with little consistency between jurisdictions.
Estate & Trust Litigation (4)
Federal Appeals (51)

The Oregon Statute Firm News (17)

Franchise Law (1)
Oregon law sets a high bar for those seeking to claim ownership through adverse Intellectual Property (3)
possession. The statute sets out detailed requirements, which generally include: Land Use (3)
Real Estate Law (2)
The person claiming ownership by adverse possession must have actually used the
property as though it were their own. Depending on the type of land at issue, this use Trade Secrets (2)
might vary. It might mean farming the land, fencing it in or improving upon it.
Trademarks (1)
Grazing livestock isn’t enough by itself, however, to constitute “actual use.”
The use must have been “open and notorious,” meaning it wasn’t done sneakily or Wills (1)
under the radar. To anyone looking on, it must have appeared that the possessor
owned the property at issue. ARCHIVES
The possessor must have used the property continuously for at least 10 years.
The possession must have been “hostile” (rather than permissive), meaning it was in Select Month
opposition to the true owner’s interests.
The possessor must have been honestly (and reasonably) mistaken in believing they
RECENT POSTS
owned the property. As a result, intentional adverse possession isn’t possible in
Oregon.
Partnership agreements and buyouts

Finally, in Oregon the possessor must prove each of the statutory elements by “clear and IP SWOT VRIO

convincing evidence”—a high burden of proof that is more exacting than the usual Spectrum of Distinctiveness (SOD)

“preponderance of the evidence” standard in civil cases. Freedom-to-Operate: How Important Is It?
Fraudulent Transfers, Conveyances: How
They Affect Collection
An Owner’s Risk of Losing Property
to Adverse Possession
Successful adverse possession claims aren’t an everyday occurrence. They are far rarer
than typical boundary disputes between neighbors.
When these claims do come up, they often involve long-held property that hasn’t been
properly surveyed in decades (if ever). A triggering event such as a proposed sale, an
extensive remodel or another type of improvement may prompt an updated survey. If the
results reveal a discrepancy between the property’s historical use versus the recorded
ownership, an owner can face the risk of losing the property to adverse possession.

As with other property-related issues—especially those as nuanced as adverse possession

—professional legal guidance is critical.

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