Title 10, Property Rights and Transactions

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]

(1) As used in this section: (a) “Local government” has the meaning given that term in ORS 174.116. (b) “Structures” means improvements in a trail, including, but not limited to, stairs and bridges, that are accessible by a user on foot, on an equine or on a bicycle or other nonm…

As used in ORS 105.672 to 105.696: (1) “Charge”: (a) Means the admission price or fee requested or expected by an owner in return for granting permission for a person to enter or go upon the owner’s land. (b) Does not mean any amount received from a public body in return for gran…

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 thei…

(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…

(1) Except as specifically provided in ORS 105.672 to 105.696, the immunities provided by ORS 105.682 apply to: (a) All land, including but not limited to land adjacent or contiguous to any bodies of water, watercourses or the ocean shore as defined by ORS 390.605; (b) All roads,…

(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 purpo…

ORS 105.672 to 105.696 do not: (1) Create a duty of care or basis for liability for personal injury, death or property damage resulting from the use of land for recreational purposes, for gardening, for woodcutting or for the harvest of special forest products. (2) Relieve a pers…

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]

(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: (a) The plaintiff closed the land of the plaintiff…

(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…

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 b…

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 …

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: (1) The court shall appoint three disinterested commissioner…

Before entering upon the discharge of their duties, the commissioners shall make and file their oath in writing to faithfully and impartially perform their duties as commissioners. After designating the boundary or dividing line by proper marks and monuments they shall file in th…

The report of the commissioners may be confirmed by the court upon written motion of either party to the suit whenever it appears to the court that the motion was served upon the adverse party two days before the presentation thereof and no exceptions have been filed to the repor…

(1) As used in this section, “public road” means a road used by the general public, whether designated as a state highway, county or district road or otherwise, but does not include city streets under ORS 105.760. (2) Whenever the Department of Transportation changes the grade of…

(1) If consent is given by the governing body of any city to change any grade of any street as such grade has been established or maintained by the consenting city and pursuant thereto the Department of Transportation or a county changes the grade, the state or the county, whiche…

(1) A special limitation or a condition subsequent, which restricts a fee simple estate in land, and the possibility of reverter or right of entry for condition broken thereby created, shall, if the specified contingency does not occur within 30 years after the possibility of rev…

The following shall apply to all possibilities of reverter and rights of entry limited on fees simple existing on January 1, 1978: (1) A special limitation or a condition subsequent, which restricts a fee simple estate in land, and the possibility of reverter or right of entry fo…

ORS 105.770 to 105.774 shall not apply to conveyances made in favor of: (1) The State of Oregon or any unit of local government as defined in ORS 190.003; or (2) A corporation so long as it remains qualified as a nonprofit corporation pursuant to ORS chapter 65. If a corporation …

(1) A local government with land use jurisdiction may present for recordation in the office of the county clerk a notice of designation of substantial damage to a residential structure when the residential structure: (a) Has sustained substantial damage, as defined in an ordinanc…

If a guardian, conservator or tenant in severalty, or in common, for life or for years of real property commits waste thereon, any person injured thereby may maintain an action at law for damages against the guardian, conservator or tenant. In the action there may be judgment for…

(1) Except as provided in ORS 477.089 and 477.092 and subsections (4) to (7) of this section, whenever any person, without lawful authority, willfully injures or severs from the land of another any produce thereof or cuts down, girdles or otherwise injures or carries off any tree…

(1) Except as provided in subsection (3) of this section, if, upon the trial of an action included in ORS 105.810, it appears that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which the trespass was committed was the…

A tenant in common may maintain any proper action, suit or proceeding against a cotenant for receiving more than the just proportion of the rents or profits of the estate owned by them in common.

A person seised of an estate in remainder or reversion may maintain a civil action for any injury to the inheritance, notwithstanding the presence of an intervening estate for life or years.

If a court finds that a person has intentionally damaged or removed mining equipment or has intentionally removed or injured minerals, soil, gravel, sand, trees or shrubs located within the mining claim of another person, the court shall award actual damages to such other person,…

(1) As used in this section, “owner” means a person, including a tenant, lessee, occupant or other person, that possesses an interest in land, including but not limited to a possession of a fee title. (2) An owner of land is not liable for personal injury, death or property damag…

As used in ORS 105.836 to 105.842 and 476.725, unless the context requires otherwise: (1) “Carbon monoxide alarm” means a device that: (a) Detects carbon monoxide; (b) Produces a distinctive audible alert when carbon monoxide is detected; (c) Conforms to State Fire Marshal rules;…

(1) A person may not convey fee title to a one and two family dwelling or multifamily housing that contains a carbon monoxide source, or transfer possession under a land sale contract of a one and two family dwelling or multifamily housing that contains a carbon monoxide source, …

A purchaser or transferee of a one and two family dwelling or multifamily housing who is aggrieved by a violation of ORS 105.838 or of a rule adopted under ORS 476.725 may bring an individual action in an appropriate court to recover the greater of actual damages or $250 per resi…

(1) As used in this section, “tamper” includes, but is not limited to, the removal of working batteries. (2) Except as otherwise provided in this section, a person may not remove or tamper with a carbon monoxide alarm installed in a one and two family dwelling or multifamily hous…

ORS 90.316, 90.317, 105.836 to 105.842, 455.360 and 476.725 shall be known and may be cited as the Lofgren and Zander Memorial Act. [2009 c.591 §15] RADON HAZARDS AND METHODS FOR TESTING AND MITIGATION

(1) The Real Estate Agency shall provide information to alert potential buyers of one and two family dwellings to issues concerning radon in the dwellings. The information may include, but need not be limited to, radon hazard potential and methods of testing for and mitigating ra…

As used in ORS 105.850 to 105.870, “commercial property” means land and improvements used in a business operated thereon for the production of income, one of the principal aspects of which is the storing of motor vehicles or the providing of lodging to travelers using private con…

Whenever after January 1, 1973, a city or mass transit district, whether or not acting pursuant to its police powers or condemnation authority, restricts use of the street traffic lane immediately adjacent to a sidewalk abutting commercial property to public conveyances and the e…

Any person having any right, title or interest in any such abutting real property has a cause of action against the city to enforce payment of the compensation. Any such action may be commenced and maintained in the circuit court for the county in which the real property is situa…

(1) The circuit court shall, in its general judgment, apportion such just compensation as it may award among the various persons found by it to own or have some right, title or interest in such real property. The awarded compensation shall be apportioned according to the rules of…

Any cause of action granted by ORS 105.850 to 105.870 is barred unless such action is commenced within 60 days after the date upon which the change of use becomes effective and use of the streets is prohibited or restricted. [1973 c.702 §5] SOLAR ENERGY EASEMENTS

(1) No person conveying or contracting to convey fee title to real property shall include in an instrument for such purpose a provision prohibiting the use of solar energy systems by any person on that property. (2) Any provision executed in violation of subsection (1) of this se…

As used in ORS 105.885 to 105.895: (1) “Instrument” means a deed, contract, covenant, condition, permit or order that creates an access right to sunlight. (2) “Solar energy easement” means any easement, covenant or conditions designed to insure the passage of incident solar radia…

(1) A solar energy easement shall be appurtenant to and run with the real property benefited and burdened by such an easement. (2) A solar energy easement shall terminate: (a) Upon the conditions stated therein; (b) By judgment of a court based upon abandonment or changed conditi…

(1) Any instrument creating a solar energy easement or any other access right to sunlight shall contain: (a) A legal description of the real property benefited and burdened by the easement; and (b) A description of the solar energy easement sufficient to determine the space over …

As used in ORS 105.905 and 105.910, “wind energy easement” means any easement, covenant or condition designed to insure the undisturbed flow of wind across the real property of another. [1981 c.590 §1]

(1) A wind energy easement shall be appurtenant to and run with the real property benefited and burdened by the easement. (2) A wind energy easement shall terminate: (a) Upon occurrence of the conditions stated in the creating instrument; (b) By judgment of a court based upon aba…