Oregon Revised Statutes

Or. Rev. Stat. § 105.692 (2026)

Right to continued use of land following permitted use; presumption of dedication or other rights

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      105.692 Right to continued use of land following permitted use; presumption of dedication or other rights. (1) An owner of land who either directly or indirectly permits any person to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products does not give that person or any other person a right to continued use of the land for those purposes without the consent of the owner.

      (2) The fact that an owner of land allows the public to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products without posting, fencing or otherwise restricting use of the land does not raise a presumption that the landowner intended to dedicate or otherwise give over to the public the right to continued use of the land.

      (3) Nothing in this section shall be construed to diminish or divert any public right to use land for recreational purposes acquired by dedication, prescription, grant, custom or otherwise existing before October 5, 1973.

      (4) Nothing in this section shall be construed to diminish or divert any public right to use land for woodcutting acquired by dedication, prescription, grant, custom or otherwise existing before October 3, 1979. [1995 c.456 §5; 2009 c.532 §5]

 

      105.693 [1979 c.434 §5; repealed by 1995 c.456 §9]

 

      105.695 [1979 c.434 §6; repealed by 1995 c.456 §9]

Notes of Decisions
Cited in 2 cases, 2002–2015 · leading case: Conant v. Stroup, 51 P.3d 1263 (Or. Ct. App. 2002).
Conant v. Stroup, 51 P.3d 1263 (Or. Ct. App. 2002). · cites it 3× “ORS 105.692(2), for example, provides, in part: “The fact that an owner of land allows the public to use the land for recreational purposes * * * does not raise a presumption that the landowner intended to dedicate or otherwise give over to the public the right to continued use…”
Wels v. Hippe, 347 P.3d 788 (Or. Ct. App. 2015). · cites it 3× “Statutory bar based on recreational use Before turning to the merits of defendants’ primary arguments, we first address and reject defendants’ contention that a statute, ORS 105.692 (1), barred the establishment *793 of a prescriptive easement.”
Or. Rev. Stat. § 105.692(1): 1 case
Wels v. Hippe, 347 P.3d 788 (Or. Ct. App. 2015). “Statutory bar based on recreational use Before turning to the merits of defendants’ primary arguments, we first address and reject defendants’ contention that a statute, ORS 105.692 (1), barred the establishment *793 of a prescriptive easement.”
Or. Rev. Stat. § 105.692(2): 1 case
Conant v. Stroup, 51 P.3d 1263 (Or. Ct. App. 2002). “ORS 105.692(2), for example, provides, in part: “The fact that an owner of land allows the public to use the land for recreational purposes * * * does not raise a presumption that the landowner intended to dedicate or otherwise give over to the public the right to continued use…”
Or. Rev. Stat. § 105.692(3): 1 case
Conant v. Stroup, 51 P.3d 1263 (Or. Ct. App. 2002). “ORS 105.692(2), for example, provides, in part: “The fact that an owner of land allows the public to use the land for recreational purposes * * * does not raise a presumption that the landowner intended to dedicate or otherwise give over to the public the right to continued use…”
Or. Rev. Stat. § 105.692(4): 1 case
Conant v. Stroup, 51 P.3d 1263 (Or. Ct. App. 2002). “ORS 105.692(2), for example, provides, in part: “The fact that an owner of land allows the public to use the land for recreational purposes * * * does not raise a presumption that the landowner intended to dedicate or otherwise give over to the public the right to continued use…”
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