Title 10, Property Rights and Transactions

As used in ORS 105.420 to 105.455: (1) “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 rehab…

(1) 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 c…

(1) A receiver appointed by the court pursuant to ORS 105.420 to 105.455 may, unless specifically limited by the court: (a) 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 …

(1) 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’…

(1) As used in this section, “purchase money security interest” means: (a) 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); (b) The interest of a mortgagee under …

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: (1) The abatement has been completed; (2) The costs and obligations incurred due to the abatement…

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. [2017 c.358 §53]

ORS 105.420 to 105.455 may be cited as the Oregon Housing Receivership Act. [1989 c.649 §1; 2019 c.191 §5] SELLER’S PROPERTY DISCLOSURE STATEMENT

For purposes of ORS 105.462 to 105.490: (1) “Financial institution” has the meaning given that term in ORS 706.008. “Financial institution” includes a: (a) Trust company, as that term is defined in ORS 706.008; (b) Mortgage banker, as that term is defined in ORS 86A.100; (c) Mort…

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 w…

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 dis…

(1) The provisions of ORS 105.462 to 105.490, 696.301 and 696.870: (a) 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 …

ORS 105.462 to 105.490, 696.301 and 696.870 do not apply to: (1) 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…

(1) 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 s…

(1) 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) A financial institution that may have made …

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. [1993 c.547 §5; 2003 c.328 §8]

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. [1993 c.547 §8; 2003 c.328 §9] ACTIONS AND SUITS FOR NUISA…

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…

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 …

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 abat…

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 m…

As used in ORS 105.550 to 105.600, unless the context requires otherwise: (1) “Of record” means: (a) 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 l…

(1) The following are declared to be nuisances and shall be enjoined and abated as provided in ORS 105.550 to 105.600: (a) 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 solici…

(1) 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 bro…

(1) 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 alle…

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. [1989 c.846 §6; 1999 c.168 §8]

(1) 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. (2) The order of abatement may direct the effectual closing of the premises…

(1) 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. (2) Any costs incurred by the county or local government to secu…

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. [1989 c.846 §9; 1999 c.168 §9; 2011 c.597 §159]

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. [1989 c.846 §10; 1999 c.168 §5]

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: (1) Any place being used on a continuous, regular or sporadic basis for carrying out any of the following activit…

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 ordina…

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 estate…

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 the…

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 bee…

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. [2007 c.440 §1]

(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; …

ORS 105.623 to 105.649 may be cited as the Uniform Disclaimer of Property Interests Act. [2001 c.245 §1]

As used in ORS 105.623 to 105.649: (1) “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. (2) “Disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made…

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. [2001 c.245 §3]

(1) 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. (2) 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…

(1) 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 restrict…

(1) For the purposes of this section: (a) “Time of distribution” means the time when a disclaimed interest would have taken effect through possession or enjoyment. (b) “Future interest” means an interest that takes effect through possession or enjoyment, if at all, at a time late…

(1) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of: (a) 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…

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. [2001 c.245 §8]

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: (1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (2) If the hol…

(1) 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. (2) A disclaimer of an interest in property by a person who is an object of an exercise of…

(1) 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. (2) If a fiduciary disclaims a power held in a fiduciary capacity that has been exercis…

(1) As used in this section, “beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of: (a) An annuity or insurance policy; (b) An account with a designation for payment on death; (c) A security registered in beneficiary f…

(1) A disclaimer is barred by a written waiver of the right to disclaim. (2) A disclaimer of an interest in property is barred if any of the following events occurs before the disclaimer becomes effective: (a) The disclaimant accepts the interest sought to be disclaimed; (b) The …