105.605 Suits
to determine adverse claims.
Any person claiming an interest or estate in real property not in the actual
possession of another may maintain a suit in equity against another who claims
an adverse interest or estate therein for the purpose of determining such
conflicting or adverse claims, interests or estates. Any municipal corporation
or county of this state claiming any interest or estate in real property which
is not in the actual possession of another, including real property acquired by
foreclosure of delinquent tax liens situated in the same county, may maintain a
suit in equity against all persons who claim an adverse interest or estate in
all or any part of the property for the purpose of determining the conflicting
or adverse claims, interests or estates. One or more parcels may be included in
one suit and the issue made by the pleadings in any suit by a municipality or
county relating only to a certain parcel or part of the real property, shall be
separately tried and determined upon motion of any interested party.
Notes of Decisions
Cited in
39
cases (
5 in the last 5 years), 1957–2025 · leading case:
Evans v. Hogue, 681 P.2d 1133 (Or. 1984).
Evans v. Hogue, 681 P.2d 1133 (Or. 1984).
· cites it 6× “ORS 105.605. [3] Defendants in this case, as title holders and nonpossessors of the property, assert their rights in an ejectment action.”
Rohner Et Ux v. Neville, 368 P.2d 391 (Or. 1961).
· cites it 4× “Plaintiffs Rohner appeal from a decree denying their suit to quiet title to 51.9 acres of land. After trial, the court dismissed the suit because the complaint did not allege that the defendant was claiming an interest adverse to the plaintiffs.”
Glenn v. Glenn, 487 P.3d 856 (Or. Ct. App. 2021).
· cites it 2× “615 (1969), amended by Or Laws 1989, ch 1069, § 3, which provided: “An action may be brought under ORS 105.605 by a tenant in common of real property to establish adverse possession as against all other cotenants if the tenant in common has been in possession of the real…”
Yaquina Bay Timber & Logging Co. v. Shiny Rock Mining Corp., 556 P.2d 672 (Or. 1976).
· cites it 3× “Plaintiffs suit to quiet title was brought under ORS 105.605, which provides that, "Any person claiming an interest or estate in real property not in the actual possession of another may maintain a suit in equity against another who claims an adverse interest or estate therein…”
Nedry v. Morgan, 584 P.2d 1381 (Or. 1978).
“605 by a tenant in common of real property to establish adverse possession as against all other cotenants if the tenant in common has been in possession of the real property, exclusive of all other cotenants, for an uninterrupted period of 20 years or more and has paid all taxes…”
Coussens v. Stevens, 113 P.3d 952 (Or. Ct. App. 2005).
“ORS 105.605; Faw v. Larson, 274 Or 643, 646 , 548 P2d 495 (1976); Rohner et ux v.”
Rise v. Steckel, 652 P.2d 364 (Or. Ct. App. 1982).
“The counterclaim is based on defendant’s assertion that he had established adverse possession of the residence and was entitled to have a life estate quieted in him.”
Kohler v. Alspaw, 887 P.2d 832 (Or. Ct. App. 1994).
· cites it 2× “Under ORS 105.605, a party out of possession cannot maintain a suit to quiet title against a defendant in actual possession and must proceed by ejectment.”
McIntyre v. Photinos, 28 P.3d 1259 (Or. Ct. App. 2001).
“ORS 105.605 provides that a suit “to determin[e] such conflicting or adverse claims” is a suit in equity, but ORS 105.”
Kern Cnty. Land Co. v. Lake Cnty., 375 P.2d 817 (Or. 1962).
· cites it 3× “③ Provision is made in ORS 105.605 for the bringing of suits to quiet title but the statute contains no express provision for bringing suits of that character against the county and there is nothing in the statute from which such an authorization can be implied.”
Brunswick v. Rundell, 869 P.2d 886 (Or. Ct. App. 1994).
“Morgan, 284 Or 65 , 584 P2d 1381 (1978), the Supreme Court said: “Defendant’s counterclaim is in the nature of a suit to quiet title, which is an equitable proceeding, ORS 105.605. Because the issues raised on appeal all relate to defendant’s counterclaim, we treat the appeal,…”
Grimstad v. Dordan, 471 P.2d 778 (Or. 1970).
“This is a suit in the nature of a quiet title proceeding, ORS 105.605, in which plaintiffs claim to be the owners of certain land and ask the court to determine the adverse claims of the defendants to that land and enjoin them from asserting those claims *137 in the future.”
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