How to File for Squatter's Rights in Oregon

Squatter's rights can transfer title to real property.

The term "squatter's rights" is an often misunderstood and misused one. The idea that squatters, those who do not own or have rights to a property yet who use it, can come to own a piece of property is based in both statutory and common law precepts. Each state has its own rule regarding squatter's rights and Oregon is no exception. Filing for squatter's rights is possible in Oregon, if the right conditions are met.

Instructions

1. Understand what squatter's rights are. Squatter's rights are granted under the concept of adverse possession. The idea of adverse possession is very similar to the idea of homestead, whereby the person who lives on a property and uses it as his residence has a right to stay on that property if his spouse passes away. Adverse possession is similar to this, in that it allows the person the right to stay on the property if he honestly believed he owned it and it later turns out he did not. Squatter's rights cannot be conferred to people who know they are trespassing.

2. Meet the requirements. Oregon state law lays out the specific conditions in which a squatter may claim legal ownership of a property. To claim such a right, the squatter must be able to show that he has maintained open, exclusive and continuous use of the property for at least 10 years, that he believed he owned the property during that time and that the belief was objectively based, was reasonable under the particular circumstances and that each element required is proved with clear and convincing evidence.

3. Know the exceptions. Oregon law specifically prohibits anyone from being able to acquire title to land that is owned by a railroad or used for a railroad operation. Further, the grazing of livestock, absent insufficient facts to satisfy the other requirements, is not sufficient to establish adverse possession.

4. File the petition. If a squatter can meet the requirements, he can file a petition stating his claim to the property under adverse possession and demanding title to it. The petition should be filed in the county courthouse in which either the property is located or in which the petitioner resides.

References

• Oregon State Legislature: Oregon Code: Chapter 105 --- Property Rights
• LawCheck: "Real Estate Questions & Answers"