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Oregon Revised Statutes

Or. Rev. Stat. § 105.620 (2026)

Acquiring title by adverse possession

✓ current as of May 2026
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      105.620 Acquiring title by adverse possession. (1) A person may acquire fee simple title to real property by adverse possession only if:

      (a) The person and the predecessors in interest of the person have maintained actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years;

      (b) At the time the person claiming by adverse possession or the person’s predecessors in interest, first entered into possession of the property, the person entering into possession had the honest belief that the person was the actual owner of the property and that belief:

      (A) By the person and the person’s predecessor in interest, continued throughout the vesting period;

      (B) Had an objective basis; and

      (C) Was reasonable under the particular circumstances; and

      (c) The person proves each of the elements set out in this section by clear and convincing evidence.

      (2)(a) A person maintains “hostile possession” of property if the possession is under claim of right or with color of title. “Color of title” means the adverse possessor claims under a written conveyance of the property or by operation of law from one claiming under a written conveyance.

      (b) Absent additional supporting facts, the grazing of livestock is insufficient to satisfy the requirements of subsection (1)(a) of this section.

      (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. [1989 c.1069 §1; 1991 c.109 §2; 1999 c.950 §1]

 

UNIFORM DISCLAIMER OF PROPERTY INTERESTS

Notes of Decisions
Cited in 61 cases (11 in the last 5 years), 1993–2026 · leading case: Wood v. Taylor, 479 P.3d 560 (Or. Ct. App. 2020).
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Wood v. Taylor, 479 P.3d 560 (Or. Ct. App. 2020). · cites it 22× “Under ORS 105.620, in addition to the other elements of adverse possession, plaintiffs had to prove that, upon first entering into possession of the dis- puted area, they had an “honest belief” of actual ownership, which belief continued for 10 years, had an objective basis, and…”
Stiles v. Godsey, 225 P.3d 81 (Or. Ct. App. 2009). · cites it 11× “In 1989, the legislature enacted ORS 105.620, codifying the common law and adding a requirement that the party claiming adverse possession over a piece of property must have had an “honest belief of actual ownership” when he or *125 she entered into possession of the property.”
Uhl v. Krupsky, 294 P.3d 559 (Or. Ct. App. 2013). · cites it 21× “pro tempore The issue in this case is whether the requirements of ORS 105.620 — in particular, the requirement of ORS 105.”
Manderscheid v. Dutton, 88 P.3d 281 (Or. Ct. App. 2004). · cites it 11× “Defendant argues that plaintiffs failed to establish the elements of adverse possession as provided in ORS 105.620, in particular, that they either continuously possessed the disputed parcel for 10 years or that they reasonably believed the property was theirs.”
Glenn v. Glenn, 487 P.3d 856 (Or. Ct. App. 2021). · cites it 7× “Oregon replaced common-law adverse possession with statutory adverse possession in 1989 when it enacted ORS 105.620, adopting the common-law elements and add- ing a new honest-belief requirement.”
Clark v. Ranchero Acres Water Co., 108 P.3d 31 (Or. Ct. App. 2005). · cites it 8× “” This case is governed by ORS 105.620, which applies to adverse possession claims that vest after January 1,1990.”
Lenn v. Bottem, 190 P.3d 399 (Or. Ct. App. 2008). · cites it 7× “” ORS 105.620(1)(a). In addition, the claimant must have “had the *249 honest belief that the [party making a claim of adverse possession] was the actual owner of the property.”
Hammond v. Hammond, 438 P.3d 408 (Or. Ct. App. 2019). · cites it 2× “To establish adverse possession, a claimant must show by clear and convincing evidence that his or her use of the property-or that of a predecessor in interest-was "actual, open, notorious, exclusive, hostile, and continuous" for a period of 10 years, that the claimant had an…”
Kohler v. Alspaw, 887 P.2d 832 (Or. Ct. App. 1994). · cites it 8× “It first held that ORS 105.620 precluded recovery by plaintiffs.”
Lieberfreund v. Gregory, 136 P.3d 1207 (Or. Ct. App. 2006). · cites it 3× “At common law, to establish ownership by adverse possession, claimants must prove by clear and convincing evidence that, for a ten-year period, they or their predecessors in interest maintained actual, open, notorious, exclusive, hostile, and continuous possession of the…”
Markovich v. Chambers, 857 P.2d 906 (Or. Ct. App. 1993). · cites it 5× “Applying ORS 105.620 to the adverse possession claim, the trial court found that plaintiffs did not have an “honest belief’ that they were the actual owners of the disputed strip.”
Sea River Props., LLC v. Parks, 333 P.3d 295 (Or. 2014). · cites it 3× “See Or Laws 1989, ch 1069, § 1 (enacting ORS 105.620). 19 In this case, plaintiff concedes that defendant’s use of the property was open, notorious, and hostile.”
Show all 61 citing cases →
— Or. Rev. Stat. § 105.620(1) — 7 cases
Stiles v. Godsey, 225 P.3d 81 (Or. Ct. App. 2009). “In 1989, the legislature enacted ORS 105.620, codifying the common law and adding a requirement that the party claiming adverse possession over a piece of property must have had an “honest belief of actual ownership” when he or *125 she entered into possession of the property.”
Wood v. Taylor, 479 P.3d 560 (Or. Ct. App. 2020). “Under ORS 105.620, in addition to the other elements of adverse possession, plaintiffs had to prove that, upon first entering into possession of the dis- puted area, they had an “honest belief” of actual ownership, which belief continued for 10 years, had an objective basis, and…”
Lieberfreund v. Gregory, 136 P.3d 1207 (Or. Ct. App. 2006). “At common law, to establish ownership by adverse possession, claimants must prove by clear and convincing evidence that, for a ten-year period, they or their predecessors in interest maintained actual, open, notorious, exclusive, hostile, and continuous possession of the…”
Powers v. Dague, 342 Or. App. 569 (Or. Ct. App. 2025).
Faulconer v. Williams, 936 P.2d 999 (Or. Ct. App. 1997).
— Or. Rev. Stat. § 105.620(1)(a) — 6 cases
Lenn v. Bottem, 190 P.3d 399 (Or. Ct. App. 2008). “” ORS 105.620(1)(a). In addition, the claimant must have “had the *249 honest belief that the [party making a claim of adverse possession] was the actual owner of the property.”
Brunswick v. Rundell, 869 P.2d 886 (Or. Ct. App. 1994).
Powers v. Dague, 342 Or. App. 569 (Or. Ct. App. 2025).
Powers v. Dague, 342 Or. App. 569 (Or. Ct. App. 2025).
Sea River Props., LLC v. Parks (Or. 2014).
— Or. Rev. Stat. § 105.620(1)(b) — 6 cases
Wood v. Taylor, 479 P.3d 560 (Or. Ct. App. 2020). “Under ORS 105.620, in addition to the other elements of adverse possession, plaintiffs had to prove that, upon first entering into possession of the dis- puted area, they had an “honest belief” of actual ownership, which belief continued for 10 years, had an objective basis, and…”
Stone v. Ccxl, LLC, 506 P.3d 1167 (Or. Ct. App. 2022).
Lenn v. Bottem, 190 P.3d 399 (Or. Ct. App. 2008). “” ORS 105.620(1)(a). In addition, the claimant must have “had the *249 honest belief that the [party making a claim of adverse possession] was the actual owner of the property.”
Warren v. Burnham, 341 Or. App. 226 (Or. Ct. App. 2025).
Powers v. Dague, 342 Or. App. 569 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 105.620(1)(b)(A) — 4 cases
Wood v. Taylor, 479 P.3d 560 (Or. Ct. App. 2020). “Under ORS 105.620, in addition to the other elements of adverse possession, plaintiffs had to prove that, upon first entering into possession of the dis- puted area, they had an “honest belief” of actual ownership, which belief continued for 10 years, had an objective basis, and…”
Glenn v. Glenn, 487 P.3d 856 (Or. Ct. App. 2021). “Oregon replaced common-law adverse possession with statutory adverse possession in 1989 when it enacted ORS 105.620, adopting the common-law elements and add- ing a new honest-belief requirement.”
Stone v. Ccxl, LLC, 506 P.3d 1167 (Or. Ct. App. 2022).
Lenn v. Bottem, 190 P.3d 399 (Or. Ct. App. 2008). “” ORS 105.620(1)(a). In addition, the claimant must have “had the *249 honest belief that the [party making a claim of adverse possession] was the actual owner of the property.”
— Or. Rev. Stat. § 105.620(1)(b)(B) — 2 cases
Wood v. Taylor, 479 P.3d 560 (Or. Ct. App. 2020). “Under ORS 105.620, in addition to the other elements of adverse possession, plaintiffs had to prove that, upon first entering into possession of the dis- puted area, they had an “honest belief” of actual ownership, which belief continued for 10 years, had an objective basis, and…”
Lenn v. Bottem, 190 P.3d 399 (Or. Ct. App. 2008). “” ORS 105.620(1)(a). In addition, the claimant must have “had the *249 honest belief that the [party making a claim of adverse possession] was the actual owner of the property.”
— Or. Rev. Stat. § 105.620(1)(b)(C) — 2 cases
Wood v. Taylor, 479 P.3d 560 (Or. Ct. App. 2020). “Under ORS 105.620, in addition to the other elements of adverse possession, plaintiffs had to prove that, upon first entering into possession of the dis- puted area, they had an “honest belief” of actual ownership, which belief continued for 10 years, had an objective basis, and…”
Lenn v. Bottem, 190 P.3d 399 (Or. Ct. App. 2008). “” ORS 105.620(1)(a). In addition, the claimant must have “had the *249 honest belief that the [party making a claim of adverse possession] was the actual owner of the property.”
— Or. Rev. Stat. § 105.620(1)(c) — 4 cases
Warren v. Burnham, 341 Or. App. 226 (Or. Ct. App. 2025).
Powers v. Dague, 342 Or. App. 569 (Or. Ct. App. 2025).
Nguyen v. Conner, 64 P.3d 1181 (Or. Ct. App. 2003).
Powers v. Dague, 342 Or. App. 569 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 105.620(1)(e) — 1 case
Shields v. Villareal, 33 P.3d 1032 (Or. Ct. App. 2001).
— Or. Rev. Stat. § 105.620(2)(a) — 7 cases
Wood v. Taylor, 479 P.3d 560 (Or. Ct. App. 2020). “Under ORS 105.620, in addition to the other elements of adverse possession, plaintiffs had to prove that, upon first entering into possession of the dis- puted area, they had an “honest belief” of actual ownership, which belief continued for 10 years, had an objective basis, and…”
Stiles v. Godsey, 225 P.3d 81 (Or. Ct. App. 2009). “In 1989, the legislature enacted ORS 105.620, codifying the common law and adding a requirement that the party claiming adverse possession over a piece of property must have had an “honest belief of actual ownership” when he or *125 she entered into possession of the property.”
Clark v. Ranchero Acres Water Co., 108 P.3d 31 (Or. Ct. App. 2005). “” This case is governed by ORS 105.620, which applies to adverse possession claims that vest after January 1,1990.”
TIEU v. Morgan, 265 P.3d 98 (Or. Ct. App. 2011).
Warren v. Burnham, 341 Or. App. 226 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 105.620(2)(b) — 1 case
Manderscheid v. Dutton, 88 P.3d 281 (Or. Ct. App. 2004). “Defendant argues that plaintiffs failed to establish the elements of adverse possession as provided in ORS 105.620, in particular, that they either continuously possessed the disputed parcel for 10 years or that they reasonably believed the property was theirs.”
— Or. Rev. Stat. § 105.620(l)(a) — 7 cases
Sea River Props., LLC v. Parks, 333 P.3d 295 (Or. 2014). “See Or Laws 1989, ch 1069, § 1 (enacting ORS 105.620). 19 In this case, plaintiff concedes that defendant’s use of the property was open, notorious, and hostile.”
Stiles v. Godsey, 225 P.3d 81 (Or. Ct. App. 2009). “In 1989, the legislature enacted ORS 105.620, codifying the common law and adding a requirement that the party claiming adverse possession over a piece of property must have had an “honest belief of actual ownership” when he or *125 she entered into possession of the property.”
Manderscheid v. Dutton, 88 P.3d 281 (Or. Ct. App. 2004). “Defendant argues that plaintiffs failed to establish the elements of adverse possession as provided in ORS 105.620, in particular, that they either continuously possessed the disputed parcel for 10 years or that they reasonably believed the property was theirs.”
Mid-Valley Resources, Inc. v. Engelson, 13 P.3d 118 (Or. Ct. App. 2000).
Abell v. Shelton, 197 P.3d 579 (Or. Ct. App. 2008).
— Or. Rev. Stat. § 105.620(l)(b) — 9 cases
Uhl v. Krupsky, 294 P.3d 559 (Or. Ct. App. 2013). “pro tempore The issue in this case is whether the requirements of ORS 105.620 — in particular, the requirement of ORS 105.”
Manderscheid v. Dutton, 88 P.3d 281 (Or. Ct. App. 2004). “Defendant argues that plaintiffs failed to establish the elements of adverse possession as provided in ORS 105.620, in particular, that they either continuously possessed the disputed parcel for 10 years or that they reasonably believed the property was theirs.”
Lieberfreund v. Gregory, 136 P.3d 1207 (Or. Ct. App. 2006). “At common law, to establish ownership by adverse possession, claimants must prove by clear and convincing evidence that, for a ten-year period, they or their predecessors in interest maintained actual, open, notorious, exclusive, hostile, and continuous possession of the…”
Stiles v. Godsey, 225 P.3d 81 (Or. Ct. App. 2009). “In 1989, the legislature enacted ORS 105.620, codifying the common law and adding a requirement that the party claiming adverse possession over a piece of property must have had an “honest belief of actual ownership” when he or *125 she entered into possession of the property.”
Fitts v. Case, 267 P.3d 160 (Or. Ct. App. 2011).
— Or. Rev. Stat. § 105.620(l)(b)(B) — 3 cases
Stiles v. Godsey, 225 P.3d 81 (Or. Ct. App. 2009). “In 1989, the legislature enacted ORS 105.620, codifying the common law and adding a requirement that the party claiming adverse possession over a piece of property must have had an “honest belief of actual ownership” when he or *125 she entered into possession of the property.”
Lenn v. Bottem, 190 P.3d 399 (Or. Ct. App. 2008). “” ORS 105.620(1)(a). In addition, the claimant must have “had the *249 honest belief that the [party making a claim of adverse possession] was the actual owner of the property.”
Stiles v. Godsey, 310 P.3d 682 (Or. Ct. App. 2013).
— Or. Rev. Stat. § 105.620(l)(b)(C) — 2 cases
Stiles v. Godsey, 225 P.3d 81 (Or. Ct. App. 2009). “In 1989, the legislature enacted ORS 105.620, codifying the common law and adding a requirement that the party claiming adverse possession over a piece of property must have had an “honest belief of actual ownership” when he or *125 she entered into possession of the property.”
Stiles v. Godsey, 310 P.3d 682 (Or. Ct. App. 2013).
— Or. Rev. Stat. § 105.620(l)(c) — 3 cases
McIntyre v. Photinos, 28 P.3d 1259 (Or. Ct. App. 2001).
Manderscheid v. Dutton, 88 P.3d 281 (Or. Ct. App. 2004). “Defendant argues that plaintiffs failed to establish the elements of adverse possession as provided in ORS 105.620, in particular, that they either continuously possessed the disputed parcel for 10 years or that they reasonably believed the property was theirs.”
In re McCracken, 509 B.R. 329 (Bankr. D. Or. 2014).
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