How to File for Squatter's Rights in Oregon

A squatter is someone who lives illegally on property that he doesn’t actually own. While it might seem that such a person could be kicked off the property by the rightful owner at any time, in some cases it can result in the squatter obtaining legal title through adverse possession. Squatters must meet strict conditions before gaining legal ownership rights. The rules are set out in Oregon Revised Statute 105.620.

To acquire legal title to property based on the rules of adverse possession in Oregon, the squatter must be able to prove to the court that:

• He has been in continuous physical possession of the property for a minimum of 10 years.

• The possession is actual, notorious and open, meaning the squatter is visibly on the property, not hiding or sneaking in and out.

• Possession has been continuous, meaning that the squatter must be in ongoing possession of the property for the required period of time without any breaks.

• Possession is exclusive, meaning that the squatter clearly was the only one in possession of the property at the time even though the may have allowed others to be there from time to time.

• Possession of the property is hostile to the legal owner's best interests. A squatter who occupies real property without the owner's permission is said to be in hostile possession of the property. 

• The squatter honestly and reasonably believes that he has a legal right to the property in question. He must have held this belief throughout the entire 10 years he has been in possession.

A squatter may also claim legal rights under adverse possession by color of title. This means that the person has a document that he believes gives him ownership, but in actuality, the document is defective and conveys no property rights.

If you believe you meet all the requirements for adverse possession of a parcel of property, and you are confident that you can prove it, the next step is to go to the courthouse to file a lawsuit to quiet the title. Quieting the title is a means of establishing clear ownership of real estate so there is no possible doubt as to who is the legal owner. Notice of this action must be published in a local paper approved by the court, as well as posted prominently on the property. Once the case is filed you will have an opportunity to present your evidence to the court. If you are successful, you will receive legal title to the property.

To file a lawsuit in civil court in Oregon, you must follow a few specific steps:

1. File a complaint with the county clerk.
2. Pay the court fee.
3. Ensure that the property owner of record, the defendant in this case, is served with a copy of the complaint and a court summons.
4. Provide proof to the court that the property owner was served.

If the case goes to court, expect to have to provide solid evidence to back up your adverse possession claim. Phil Querin, an Oregon attorney, underscores that a reasonable belief the property is yours is an essential component of successfully claiming squatter's rights. He advises all property owners to have a clear understanding of where their legal property boundaries and borders are. If you are encroaching on a neighbor's land, a survey can make you and your neighbor aware of the legal boundaries, so he won't be able to claim a reasonable belief that the property belongs to him. You can still give a squatter permission to use your land, but he can no longer get legal ownership under the laws of adverse possession.