Adverse Possession Laws Oregon
In Oregon, a squatter is basically someone who goes into an empty house or property without permission. Sometimes, these folks might actually believe they’re renting the place for real.
So, if you own some property, it’s important to keep an eye on your land boundaries to ensure no one’s crashing there without your approval.
Usually, squatting is seen as a civil issue, but if you can prove that someone’s not supposed to be on your property, they could face criminal charges. So, staying on top of things is a good idea to protect your land!
Who Counts as a Squatter in Oregon?
A squatter is someone who stays in a deserted or empty building or land without permission from the owner. They don’t rent or own it. Squatting happens quite a bit in the United States.
Is Squatting the Same as Trespassing?
Nope, squatting and trespassing aren’t the same. Trespassing is a crime, but squatting is usually more of a civil thing. However, if the owner makes it clear the squatter isn’t welcome, then they can be treated like a criminal.
What About Holdover Tenants?
Holdover tenants, also called ‘tenants at sufferance,’ are folks who stay in a place after their lease is up. They must keep paying rent as before. If the landlord is cool with it and keeps taking rent, the tenant becomes a ‘tenant at will.’ But, the landlord can kick them out anytime without warning.
Now, if the holdover tenant gets a ‘quit notice‘ and still doesn’t leave, they might face a lawsuit for unlawful detainer. They can’t claim adverse possession if they were told to leave; at that point, they’re seen as trespassing.
Adverse Possession Laws Oregon
In Oregon, claiming ownership through adverse possession sets a high bar, with detailed requirements that include:
- The person seeking ownership through adverse possession must have used the property as if it were their own. The nature of this use can vary depending on the type of land in question. It could involve activities like farming, fencing, or making improvements. Merely grazing livestock on the land is insufficient on its own to establish “actual use.”
- This use must be “open and notorious,” meaning it should be visible and apparent to anyone observing the property. It must seem like the possessor genuinely owns the property.
- The possessor must have continuously used the property for a minimum of 10 years without interruption.
- The possession must be “hostile” rather than with the owner’s permission, meaning it opposes the true owner’s interests. Deliberate adverse possession is not allowed in Oregon.
- The possessor must have genuinely and reasonably believed they owned the property. Intentional adverse possession isn’t a valid approach in the state.
- Lastly, in Oregon, the possessor must establish each of these statutory elements with “clear and convincing evidence,” a more stringent burden of proof compared to the usual “preponderance of the evidence” standard in civil cases.
Does Oregon Honor Color of Title Claims?
You might have bumped into the term ‘color of title’ while checking out squatter’s rights. ‘Color of title’ basically means the property ownership isn’t all official and proper. The owner might be missing some needed documents or legal stuff.
In Oregon, having ‘color of title’ isn’t a must, but it can boost a squatter’s case, especially when it comes to proving they were hostile in their possession. It’s like a bonus point, but not a must-have to make a claim.
Protect Yourself From Squatters In Oregon
Here are some simple ways to protect yourself from squatters in Oregon:
- Check the property regularly to catch any unwanted guests early.
- Keep the property locked up tight: close windows, lock doors and block all entrances.
- Pay your property taxes on time to maintain your ownership.
- Put up “No Trespassing” signs, especially if the place is empty.
- If you spot squatters, send them a written notice right away.
- Consider offering to rent the property to the squatters if it’s an option.
- If they won’t leave, call the sheriff (not just the local cops) to remove them.
- Lastly, think about getting a lawyer. Legal action might be needed to kick out squatters, and having the right legal advice is crucial at every step.
How To Get Rid Of Squatters In Oregon
So, here’s the deal on kicking out squatters in Oregon – it’s not super straightforward. They don’t have specific laws just for squatter removal here. Usually, if you want to boot them out, you gotta go through a judicial eviction process. But hey, Oregon is pretty considerate when it comes to landowners with disabilities. They’ve got some detailed rules about it. Let me break it down:
Disability: If the landowner is dealing with some mental health stuff and can’t legally make decisions, their property can’t be claimed through adverse possession. And when they’re out of a mental health facility, they’ve got one year to say, “Hey, that’s still my property!”
Minors: If it’s a minor’s property, the adverse possession process gets slowed down. They have to wait five years, and once they turn 18, they’ve got a year to dispute the claim.
And here’s the kicker – Oregon has a 10-year limit. If you want to kick out a squatter, you’ve got to do it within 10 years of them moving in. If not, you’ll likely have to go through that judicial eviction dance, starting with an eviction notice.
Frequently Asked Questions
Is it necessary to hire a lawyer to deal with squatters in Oregon?
While it’s not always necessary, having legal counsel can be beneficial when dealing with squatters in Oregon, especially if you need to initiate legal proceedings like eviction or if there are specific legal complexities in your case.
Can squatters in Oregon be evicted without notice?
No, squatters in Oregon cannot be evicted without proper notice and following the legal eviction process. This typically involves serving an eviction notice and then proceeding with the appropriate legal steps if they don’t vacate the property voluntarily.
Final Words
So, to wrap things up, squatting is a pretty common thing in the United States, and it’s not always seen as trespassing. If squatters follow the Homestead Act of 1862, they can claim property. But, Oregon has some serious laws that help out landowners who are disabled. If a squatter can’t put up a good defense, there’s a good chance they’ll get kicked out. If you’re dealing with this situation in Oregon, it’s a smart move to get advice from a seasoned attorney.
