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Oregon Revised Statutes

Or. Rev. Stat. § 105.260 (2026)

Power of court over report; final judgment

✓ current as of May 2026
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      105.260 Power of court over report; final judgment. The court may confirm or set aside the report in whole or in part and if necessary appoint new referees. Upon the report being confirmed, a judgment shall be given stating that the partition shall be effectual forever. Except as provided in ORS 105.265, the judgment is binding and conclusive:

      (1) On all parties named therein, and their legal representatives, who have at the time any interest in any part of the property divided as owners in fee or as tenants for life or for years.

      (2) On all parties named therein, and their legal representatives, entitled to the reversion, remainder or inheritance of the property or any part thereof after the termination of a particular estate therein, or who by any contingency may be entitled to a beneficial interest in the property.

      (3) On all parties named therein, or their legal representatives, who have an interest in any undivided share of the property as tenants for years or for life.

      (4) On all persons interested in the property who are unknown, to whom notice was given of the application for partition by publication, as directed by ORS 105.230.

      (5) On all persons claiming from parties or persons listed in subsections (1) to (4) of this section. [Amended by 2003 c.576 §363]

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1962–2025 · leading case: Brogoitti Et Ux v. Brown Et Ux, 372 P.2d 773 (Or. 1962).
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Brogoitti Et Ux v. Brown Et Ux, 372 P.2d 773 (Or. 1962). · cites it 2× “ORS 105.260, which is a part of the section of our laws upon the subject of partition, states: “The court may confirm or set aside the report in whole or in part and, if necessary, appoint new referees * * *” it will be noticed that the section of our laws just quoted'authorizes…”
Carter v. Smith, 346 Or. App. 5 (Or. Ct. App. 2025). “255 (requiring the referees to divide the property, allot the portions thereof, and issue a report); ORS 105.260 (providing for the court to confirm or set aside the report and, if necessary, appoint new referees).”
Carter v. Smith, 346 Or. App. 5 (Or. Ct. App. 2025). “255 (requiring the referees to divide the property, allot the portions thereof, and issue a report); ORS 105.260 (providing for the court to confirm or set aside the report and, if necessary, appoint new referees).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.