# ORS § 105.620: 105.620 Acquiring title by adverse possession

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.620

## Section

- **Citation:** ORS § 105.620
- **Heading:** 105.620 Acquiring title by adverse possession
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 10 / Chapter 105 / Section 105.620

## Text

(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;

(b) At the time the person claiming by adverse possession or the person’s predecessors in interest, first entered into possession of the property, the person entering into possession had the honest belief that the person was the actual owner of the property and that belief:

(A) By the person and the person’s predecessor in interest, continued throughout the vesting period;

(B) Had an objective basis; and

(C) Was reasonable under the particular circumstances; and

(c) The person proves each of the elements set out in this section by clear and convincing evidence.

(2) Intentionally left blank —Ed.

(a) A person maintains “hostile possession” of property if the possession is under claim of right or with color of title. “Color of title” means the adverse possessor claims under a written conveyance of the property or by operation of law from one claiming under a written conveyance.

(b) Absent additional supporting facts, the grazing of livestock is insufficient to satisfy the requirements of subsection (1)(a) of this section.

(3) As used in this section and ORS 105.005 (Right of action) and 105.615 (Action by tenant in common against cotenants) , “person” includes, but is not limited to, the state and its political subdivisions as created by statute. [1989 c.1069 §1; 1991 c.109 §2; 1999 c.950 §1]

Source: Section 105.620 — Acquiring title by adverse possession , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 105.005 105.005 Right of action](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.005.md)
- [ORS § 105.010 105.010 Contents of complaint](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.010.md)
- [ORS § 105.015 105.015 Answer](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.015.md)
- [ORS § 105.020 105.020 Substitution of landlord for tenant](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.020.md)
- [ORS § 105.025 105.025 Verdict](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.025.md)
- [ORS § 105.030 105.030 Damages for withholding](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.030.md)
- [ORS § 105.035 105.035 Judgment when plaintiff’s right to possession expires](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.035.md)
- [ORS § 105.040 105.040 Order to make survey](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.040.md)
- [ORS § 105.045 105.045 Action not prejudiced by alienation by person in possession](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.045.md)
- [ORS § 105.050 105.050 Cotenant shall prove ouster](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.050.md)
- [ORS § 105.055 105.055 Conclusiveness of judgment](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.055.md)
- [ORS § 105.060 105.060 Effect of new trial on plaintiff’s possession](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.060.md)
- [ORS § 105.070 105.070 Rights of donee under Donation Law](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.070.md)
- [ORS § 105.075 105.075 Notice to quit](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.075.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C105_S105.620. Check the current official text before relying on it. Not legal advice.