105.005 Right
of action; recovery; damages.
(1) Any person who has a legal estate in real property and a present right to
the possession of the property, may recover possession of the property, with
damages for withholding possession, by an action at law. The action shall be
commenced against the person in the actual possession of the property at the
time, or if the property is not in the actual possession of anyone, then
against the person acting as the owner of the property.
(2) In an action
brought under subsection (1) of this section or in a separate action for
damages only, a person who, throughout the vesting period, used or occupied
land of another with the honest and objectively reasonable belief that the
person was the actual legal owner of the land shall not be liable for:
(a) Double or
treble damages under ORS 105.810 (1) to (3) or 105.815; or
(b) The value of
the use or occupation of the land by the person throughout the vesting period. [Amended
by 1989 c.1069 §2; 1991 c.109 §1; 1999 c.544 §3]
Notes of Decisions
Cited in
39
cases (
8 in the last 5 years), 1956–2026 · leading case:
Coos Cnty. v. State, 734 P.2d 1348 (Or. 1987).
Coos Cnty. v. State, 734 P.2d 1348 (Or. 1987).
· cites it 3× “We now hold that a county’s claim of right to possession of tax-foreclosed real property is another such interest, and that it may be asserted against the state through an ejectment action under ORS 105.005. ORS 105.005 reads: “Any person who has a legal estate in real property…”
Evans v. Hogue, 681 P.2d 1133 (Or. 1984).
· cites it 4× “ORS 105.005. [4] The limitation period is found in ORS 12.”
Bunch v. Pearson, 62 P.3d 878 (Or. Ct. App. 2003).
· cites it 2× “While this action might have been proper under ORS 105.005 5 as an action for ejectment, an FED action “is not a substitute for an action of trespass or ejectment[.”
Fry v. DH Overmyer Co., Inc., 525 P.2d 140 (Or. 1974).
· cites it 2× “We must decide in this case, however, whether having found the transaction to be a sale and a leaseback, the lessor is entitled to the benefit of the provisions of the Oregon forcible entry and detainer statute, ORS 105.005, subject to such equitable defenses, including the…”
Roesch v. Wachter, 618 P.2d 448 (Or. Ct. App. 1980).
· cites it 2× “ORS 105.005. 1 The trial court’s judgment on this portion of the case is binding on this court if supported by any competent evidence.”
Stiles v. Godsey, 225 P.3d 81 (Or. Ct. App. 2009).
““(3) As used in this section and ORS 105.005 and 105.615, ‘person’ includes, but is not limited to, the state and its political subdivisions as created by statute.”
Nelson v. Hughes, 625 P.2d 643 (Or. 1981).
“Ejectment cases are actions at law brought under ORS 105.005 et seq. Whether there is a rational basis for a different rule in actions at law, we need not decide.”
McIntyre v. Photinos, 28 P.3d 1259 (Or. Ct. App. 2001).
“605 provides that a suit “to determin[e] such conflicting or adverse claims” is a suit in equity, but ORS 105.005 instructs that a person “who has a legal estate in real property and a present right to the possession of the property may recover possession of the property, with…”
U.S. Bank Nat'l Ass'n v. Wright, 289 P.3d 361 (Or. Ct. App. 2012).
· cites it 2× “ORS 105.005(1) (“Any person who has a legal estate in real property and a present right to the possession of the property, may recover possession of the property, with damages for withholding possession, by an action at law.”
Beaver v. Davis, 550 P.2d 428 (Or. 1976).
“On October 12, 1972, plaintiff, record owner of the land in question, brought an action in ejectment (ORS 105.005 et seq) against the defendants.”
Sutherlin Sch. Dist. 130 v. Herrera, 851 P.2d 1171 (Or. Ct. App. 1993).
“McDougal, 92 Or App 453, 457 , 758 P2d 881 , rev den 307 Or 77 (1988); see also ORS 105.005. It is essential, however, that both the presence of damage and the causal link between the damage and the trespass be proved with reasonable certainty.”
Day v. Day, 450 P.3d 1 (Or. Ct. App. 2019).
“, 190 Or 332, 350 , 225 P2d 757 (1950) (elements of fraud include, among others, proof of a false representation and the plaintiff’s reasonable reliance on the representation); ORS 105.005 (ejectment action requires a present right to possession of property); Eggen v.”
— Or. Rev. Stat. § 105.005(1) — 4 cases
U.S. Bank Nat'l Ass'n v. Wright, 289 P.3d 361 (Or. Ct. App. 2012).
“ORS 105.005(1) (“Any person who has a legal estate in real property and a present right to the possession of the property, may recover possession of the property, with damages for withholding possession, by an action at law.”
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