Chapter 105 — Chapter 105

ORS 105.625 [1975 c.622 §8; repealed by 2001 c.245 §19]

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ORS 105.626 Scope. 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]

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ORS 105.627 [1975 c.622 §1; 1981 c.56 §1; repealed by 2001 c.245 §19]

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ORS 105.628 Effect on other law. (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

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ORS 105.629 Power to disclaim; general requirements; when irrevocable. (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 restriction on transfer or imposed a restriction or limitation on the right to disclaim

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ORS 105.630 [1975 c.622 §2; 1981 c.56 §2; 1983 c.740 §10; 1997 c.813 §1; repealed by 2001 c.245 §19]

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ORS 105.632 [1975 c.622 §3; 1981 c.56 §3; 1997 c.813 §2; repealed by 2001 c.245 §19]

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ORS 105.633 Disclaimer of interest in property. (1) For the purposes of this section

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ORS 105.634 Disclaimer of rights of survivorship in jointly held property. (1) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of

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ORS 105.635 [1975 c.622 §4; 1981 c.56 §4; repealed by 2001 c.245 §19]

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ORS 105.636 Disclaimer of interest by trustee. 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]

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ORS 105.637 [1975 c.622 §5; repealed by 2001 c.245 §19]

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ORS 105.638 Disclaimer of power of appointment or other power not held in fiduciary capacity. If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply

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ORS 105.639 Disclaimer by appointee, object or taker in default of exercise of power of appointment. (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

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ORS 105.640 [1975 c.622 §7; repealed by 2001 c.245 §19]

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ORS 105.641 Disclaimer of power held in fiduciary capacity. (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

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ORS 105.642 Delivery or filing. (1) As used in this section, “beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of

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ORS 105.643 When disclaimer barred or limited. (1) A disclaimer is barred by a written waiver of the right to disclaim

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ORS 105.645 Tax qualified disclaimer. Notwithstanding any other provision of ORS 105.623 to 105.649, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of the Internal Revenue Code and the regulations promulgated under that code, as in effect on December 31, 2010, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under ORS 105.623 to 105.649. [2001 c.245 §14; 2011 c.526 §16]

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ORS 105.646 Recording of disclaimer. If an instrument transferring an interest in property or a power over property that is subject to a disclaimer is required or permitted by law to be filed, recorded or registered, the disclaimer may be so filed, recorded or registered. Failure to file, record or register the disclaimer does not affect the validity of the disclaimer as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer. [2001 c.245 §15]

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ORS 105.647 Application to existing relationships. Except as otherwise provided in ORS 105.643, an interest in property or power over property existing on January 1, 2002, may be disclaimed in the manner provided by ORS 105.623 to 105.649 after January 1, 2002, unless the time for delivering or filing a disclaimer had expired under law in effect immediately before January 1, 2002. [2001 c.245 §16]

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ORS 105.648 Effect on recovery of money or property under ORS 411.620. ORS 105.623 to 105.649 do not allow any person to disclaim an interest in property, including any jointly held property, if the purpose or effect of the disclaimer is to prevent recovery of money or property under ORS 411.620. [2001 c.245 §17]

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ORS 105.649 Uniformity of application and construction. In applying and construing ORS 105.623 to 105.649, consideration must be given to the need to promote uniformity of the law with respect to disclaimers among states that enact versions of the Uniform Disclaimer of Property Interests Act. [2001 c.245 §18]

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ORS 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]

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ORS 105.660 [1971 c.780 §2; 1973 c.732 §3; repealed by 1995 c.456 §9]

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ORS 105.665 [1971 c.780 §3; repealed by 1995 c.456 §9]

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ORS 105.668 Immunity from liability for injury or property damage arising from use of trail or structures in public easement or right of way. (1) As used in this section

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ORS 105.670 [1971 c.780 §4; repealed by 1995 c.456 §9]

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ORS 105.672 Definitions for ORS 105.672 to 105.696. As used in ORS 105.672 to 105.696

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ORS 105.675 [1971 c.780 §5; 1987 c.708 §4; repealed by 1995 c.456 §9]

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ORS 105.676 Public policy. The Legislative Assembly hereby declares it is the public policy of the State of Oregon to encourage owners of land to make their land available to the public for recreational purposes, for gardening, for woodcutting and for the harvest of special forest products by limiting their liability toward persons entering thereon for such purposes and by protecting their interests in their land from the extinguishment of any such interest or the acquisition by the public of any right to use or continue the use of such land for recreational purposes, gardening, woodcutting or the harvest of special forest products. [1995 c.456 §2; 2009 c.532 §3]

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ORS 105.677 [1973 c.732 §2; repealed by 1995 c.456 §9]

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ORS 105.680 [1971 c.780 §6; repealed by 1995 c.456 §9]

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ORS 105.682 Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products. (1) Except as provided by subsection (2) of this section, and subject to the provisions of ORS 105.688, an owner of land is not liable in contract or tort for any personal injury, death or property damage that arises out of the use of the land for recreational purposes, gardening, woodcutting or the harvest of special forest products when the owner of land either directly or indirectly permits any person to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products. The limitation on liability provided by this section applies if the principal purpose for entry upon the land is for recreational purposes, gardening, woodcutting or the harvest of special forest products, and is not affected if the injury, death or damage occurs while the person entering land is engaging in activities other than the use of the land for recreational purposes, gardening, woodcutting or the harvest of special forest products

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ORS 105.685 [1979 c.434 §1; 1985 c.375 §1; repealed by 1995 c.456 §9]

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ORS 105.687 [1979 c.434 §2; repealed by 1995 c.456 §9]

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ORS 105.688 Applicability of immunities from liability for owner of land; restrictions. (1) Except as specifically provided in ORS 105.672 to 105.696, the immunities provided by ORS 105.682 apply to

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ORS 105.689 [1979 c.434 §3; repealed by 1995 c.456 §9]

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ORS 105.691 [1979 c.434 §4; repealed by 1995 c.456 §9]

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ORS 105.692 Right to continued use of land following permitted use; presumption of dedication or other rights. (1) An owner of land who either directly or indirectly permits any person to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products does not give that person or any other person a right to continued use of the land for those purposes without the consent of the owner

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ORS 105.693 [1979 c.434 §5; repealed by 1995 c.456 §9]

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ORS 105.695 [1979 c.434 §6; repealed by 1995 c.456 §9]

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ORS 105.696 Duty of care or liability not created; exercise of care required of person using land. ORS 105.672 to 105.696 do not

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ORS 105.697 [1979 c.434 §7; repealed by 1995 c.456 §9]

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ORS 105.699 Rules applicable to state lands. The State Forester, under the general supervision of the State Board of Forestry, may adopt any rules considered necessary for the administration of the provisions of ORS 105.672 to 105.696 on state land. [1979 c.434 §8; 1995 c.456 §7]

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ORS 105.700 Prohibiting public access to private land; notice requirements; damages. (1) In addition to and not in lieu of any other damages that may be claimed, a plaintiff who is a landowner shall receive liquidated damages in an amount not to exceed $1,000 in any action in which the plaintiff establishes that

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ORS 105.705 Right to bring action; filing of judgment. (1) When any dispute or controversy exists between owners of adjacent or contiguous lands in this state, concerning the boundary lines thereof, or the location of the line dividing such lands, any party to the dispute or controversy may bring an action in the circuit court in the county where all or part of the lands are situated, for the purpose of having the controversy or dispute determined, and the boundary line or dividing line ascertained and marked by proper monuments upon the ground where such line is ascertained

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ORS 105.710 Pleadings. The complaint in a boundary suit is sufficient if it appears therefrom that the plaintiff and defendant are owners of adjacent lands, some part of which is in the county in which the suit is brought and that there is a controversy or dispute between the parties concerning their boundary or dividing line. It shall not be necessary to set forth the nature of the dispute or controversy except that the plaintiff shall describe the boundary or dividing line as the plaintiff claims it to be. The defendant in the answer shall set forth the nature of the claim of the defendant with reference to the location of the line in controversy

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ORS 105.715 Mode of proceeding. The mode of proceeding in a boundary action is analogous to that of an action not triable by right to a jury. At the time of entering the judgment fixing the true location of the disputed boundary or dividing line the court shall appoint three disinterested commissioners, one of whom shall be a registered professional land surveyor, and shall direct the commissioners to go upon the land of the parties and establish and mark out upon the grounds, by proper monuments, the boundary or dividing line as ascertained and determined by the court in its judgment. The monuments shall be established by or under the direct supervision of the registered professional land surveyor who shall file a record of survey, complying with ORS 209.250, with the county surveyor. [Amended by 1979 c.284 §98; 1991 c.150 §1]

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ORS 105.718 Procedure for determining location of public land survey corner. If the proceeding in a boundary action involves the location of a public land survey corner as defined by ORS 209.250 (3), the court shall determine the location of the public land survey corner by the following method

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