# ORS § 312.218: 312.218 Constructive possession by county

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.218

## Section

- **Citation:** ORS § 312.218
- **Heading:** 312.218 Constructive possession by county
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 29 / Chapter 312 / Section 312.218

## Text

(1) In relation to or as against the claims of all persons owning or claiming to own, or having or claiming to have, any interest in real property heretofore or hereafter subject to foreclosure for delinquent taxes, excepting only such persons who were or hereafter shall be in the actual and physical possession of any such real property at the time of the execution of a deed thereto to a county pursuant to the provisions of ORS 312.200 (Deed to county) that was not and is not void upon its face, the following shall be presumed conclusively:

(a) That from and after the date of the execution of any such deed to a county, such county shall be deemed to have constructive possession of the real property therein described to the same extent and legal effect as if the county were in the actual, physical and exclusive possession of such property, and for all purposes such constructive possession shall be deemed the equivalent of actual and physical possession of such property that is hostile, adverse, actual, visible, notorious and exclusive.

(b) That from and after the date of the execution of any such deed to a county, such county had, and hereafter shall be deemed to have had constructive possession of the real property therein described to the same extent and legal effect as if the county were in the actual, physical and exclusive possession of such property, and for all purposes such constructive possession shall be deemed the equivalent of actual and physical possession of such property that is hostile, adverse, actual, visible, notorious and exclusive.

(c) That the recording of a deed to a county pursuant to ORS 312.200 (Deed to county) gave and hereafter shall be deemed to give notice to the world of such county’s constructive possession as provided and defined in ORS 312.214 (Public policy relating to title obtained by county by tax foreclosure) to 312.220.

(2) In addition to all other remedies made available to the person by law, the remedy of ejectment is hereby made available to any person claiming to be the owner of any property as against the county which is in the constructive possession of the county as provided and defined in ORS 312.214 (Public policy relating to title obtained by county by tax foreclosure) to 312.220. [Formerly part of 312.220]

Source: Section 312.218 — Constructive possession by county; notice; remedy of ejectment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors312.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 312.005 312.005 “District attorney” described](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.005.md)
- [ORS § 312.010 312.010 When real property subject to tax foreclosure](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.010.md)
- [ORS § 312.020 312.020 Supervision by Department of Revenue](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.020.md)
- [ORS § 312.030 312.030 Annual foreclosure list](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.030.md)
- [ORS § 312.040 312.040 Notice of proceeding](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.040.md)
- [ORS § 312.050 312.050 Instituting foreclosure proceedings](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.050.md)
- [ORS § 312.060 312.060 Application for judgment foreclosing lien](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.060.md)
- [ORS § 312.070 312.070 Answer and defense to application by person interested](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.070.md)
- [ORS § 312.080 312.080 Summary hearing](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.080.md)
- [ORS § 312.090 312.090 Judgment](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.090.md)
- [ORS § 312.100 312.100 Order for sale of properties to county](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.100.md)
- [ORS § 312.110 312.110 Removal of property from foreclosure proceedings](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.110.md)
- [ORS § 312.120 312.120 Period during which property held by county](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.120.md)
- [ORS § 312.122 312.122 Reduced redemption period when property subjected to waste or abandonment](https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.122.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T29_C312_S312.218. Check the current official text before relying on it. Not legal advice.