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Oregon Revised Statutes

Or. Rev. Stat. § 105.615 (2026)

Action by tenant in common against cotenants

✓ current as of May 2026
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      105.615 Action by tenant in common against cotenants. Unless otherwise agreed or provided in a granting document, a tenant in common of real property may acquire fee simple title to the real property by adverse possession as against all other cotenants if the tenant in common or the tenant in common’s predecessor in interest 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 assessed against such property while in possession. Notice of the exclusive possession need not be given to the other cotenants by the cotenant in possession. [1969 c.350 §1; 1989 c.1069 §3]

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1978–2021 · leading case: Glenn v. Glenn, 487 P.3d 856 (Or. Ct. App. 2021).
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Glenn v. Glenn, 487 P.3d 856 (Or. Ct. App. 2021). · cites it 29× “Defendant asserted, as an affirmative defense, that he had adversely possessed the home as against each of his siblings because, under ORS 105.615, he had paid its property taxes and occupied it for 20 continuous years.”
Nedry v. Morgan, 584 P.2d 1381 (Or. 1978). · cites it 2× “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…”
Miller v. Miller, 790 P.2d 1184 (Or. Ct. App. 1990). · cites it 4× “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…”
Willson v. Hessong, 589 P.2d 1194 (Or. Ct. App. 1979). · cites it 3× “Plaintiffs brought a suit to determine adverse claims to realty under the authority of ORS 105.615. Their claim to an entire interest in the property is based upon adverse possession against a cotenant.”
Moses v. Kalama-Scott, 84 P.3d 1097 (Or. Ct. App. 2004). · cites it 4× “605 and ORS 105.615”; (3) Kathleen died in 1997, so allotment 285 vested in her heirs; (4) defendants have no legal interest in allotment 285; and (5) “[p]laintiffs have no plain, adequate or speedy remedy at law and therefore [bring] this suit in equity.”
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