0
Chapter 950 Oregon Laws 1999 Session Law AN ACT HB 2383 Relating to adverse possession; creating new provisions; and amending ORS 105.620. Be It Enacted by the People of the State of Oregon:SECTION 1. ORS 105.620 is amended to read: 105.620. (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. SECTION 2. The amendments to ORS 105.620 by section 1 of this 1999 Act apply to claims filed on or after the effective date of this 1999 Act. Approved by the Governor August 16, 1999 Filed in the office of Secretary of State August 16, 1999 Effective date October 23, 1999
http://www.leg.state.or.us/99orlaws/sess0900.dir/0950ses.html
What else can I help you with?
What are Pennsylvania's laws regarding adverse possession?
In Pennsylvania, the duration of such possession is twenty-one (21) years. Pennsylvania Code §42-5530. The possession must be continuous (unbroken), open (not during the day) and notorious (owner must have known or should have known) and under a good faith belief that the adverse possessor was entitled to the land.
Does Delaware have Squatter's Rights laws?
What are the squatters rights/adverse possession rights and laws in wilmington delaware
Can you get title to property through adverse possession for an 1' encroachment?
As long as you have satisfied your state's prerequisites to adverse possession with regard to the 1' piece of land, you may begin adverse possession proceedings. However, since the piece of land is only 1', you should seriously consider not pursuing an adverse possession claim. Not only will you have to pay an attorney to represent you in court, you also have to live next to the neighbor whose property you are adversely possessing. If you want to pursue adverse possession, it is highly recommended that you try mediation before going to court. (See below link.)
Are there international laws regarding foreign possession of artifacts obtained from another nations?
International laws regarding the foriegn possession of historical artifacts are enforced by Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict.
If the property owner is deceased with no living relatives can 2 or more people claim adverse possession?
Yes, if there are no living heirs then the property may be claimed through adverse possession after all requirements have been fulfilled and the statute of limitations has passed for the state where the property is located.
Tennessee adverse possession I paid taxes for the last 25 years on the 100 ft by 200 ft piece of property that a friend allow me to put my trailer on . Can I claim property as adverse possession?
One of the elements of an adverse possession claim is that the use of the land must be open AND notorious. You have been using your friend's property with his permission. Therefore your use has not been notorious. Perhaps your friend will quitclaim the parcel to you. See the link provided below for a quick guide to adverse possession laws.
What makes a firearm legal?
Compliance with laws applicable to the jurisdiction regarding build, operation, possession, and ownership.
If you got a dwi in Arkansas and you live in Oregon do have to comply with Oregons laws to get your license back or Arkansas laws?
Oregon
Can adverse possession be used by new owners of a building built 20 years before they bought the property?
Yes. In many states, adverse possession claims can be based on the actions of previous owners. However, if the adverse possession has ceased to exist for a particular time (determined by your state's statutes of limitations), then you would not have a claim. I suggest that you talk to a real estate attorney in your area. He or she will be able to help you with your particular situation and your state's laws.
How do you fight adverse possession of your property rite of way?
Adverse possession is a complex area of law that varies from jurisdiction to jurisdiction. You can lose your property if you do nothing. The best way to avoid a claim is to give the person permission to use whatever portion of land they are using without your permission and require that they sign an agreement to that effect. Or, you can give them notice that they are encroaching on your land and demand that they stop. You may need to seek the advice of an attorney who is familiar with your state laws regarding adverse claims. You can read much more about adverse possession at the link below.
May a Squatter claiming adverse possession property of neighbor and sues to quiet title finding another Squatter has claimed the same property by adverse possession who gets quiet title?
Preface: I had to read this question several times. Pardon my obvious confusion. All references are as to the laws of the State of Washington. Adverse possession can only be met by proving each of the following elements (Muench v. Oxley, 90 Wn. 2d. 637, 584 P2d. 939 (1978)): the possession must be open and notorious, actual and uninterrupted, hostile, exclusive, and under a claim made in good faith. The necessary period of possession is 10 years; however, one who possesses under color of title and pays taxes for 7 consecutive years can bring an adverse possession action at the end of the 7 year period (RCW 7.28.070). If one element of the test is missing, the property cannot be claimed by adverse possession. Clearly, if two different people claimed title to a property by adverse possession,and both used the property during the 10 year period, neither one would have had exclusive and uninterrupted possession of the property, thereby failing the second prong of the adverse possession test introduced in Muench v. Oxley. One could also claim that the possession was not open and notorious, as well. In conclusion, neither party would succeed in their adverse possession claim because they would fail to meet each element of the adverse possession test.
What are the laws regarding the use of possession and trafficking of stimulants?
Laws regarding the use or possession and trafficking of stimulants depend upon the amount of the drugs that were trafficked or possessed. A person caught using and trafficking can expect to receive 10 years and up for the offense.
