A Brief Background on Squatting in Oregon
Squatting in Oregon refers to the situation where an individual or group of people occupy an unused building or land without the legal right to do so. This can occur in both residential and commercial properties and may involve a wide range of situations, from peaceful cohabitation to criminal behavior. In recent years, squatting has become a growing concern for property owners and authorities in Oregon, prompting a reevaluation of laws and regulations that govern such activities.
The current legal landscape surrounding squatting in Oregon is complex, with various laws that apply to adverse possession, landlord-tenant relationships, and property disputes. Under Oregon law, there are certain circumstances under which a squatter may claim legal ownership of a property after a period of time, typically 10 years. However, this requires that the squatter meet specific legal requirements, such as continuous and uninterrupted use of the property and payment of property taxes . As a result, the bar for winning an adverse possession case is set high, and most squatters do not succeed in making such a claim.
Implications of squatting in Oregon extend beyond the legal aspects. For property owners, dealing with squatters can be a costly and time-consuming process. In some cases, an eviction may be necessary, which can be a lengthy and complicated legal procedure. For squatters, living in a property without legal rights can lead to eviction, criminal charges, and potentially even deportation for non-citizens. As such, it is important for both property owners and squatters to understand their rights and responsibilities in these situations.
Squatting is a complex issue that raises numerous questions for both property owners and individuals living on properties without legal permission. It is important to understand the laws and regulations that apply to squatting in Oregon so that you can take appropriate action when needed.
The Illegal Definition of Squatting
Although there is no "definition" per se of squatting under state law in Oregon, there are multiple terms and statutes which describe it in great detail. A closer look at these squarely highlights the difference between the concepts of squatting, adverse possession, and squatter’s rights.
Adverse possession, described in ORS 105.620, the "OREGON SQUATTERS RIGHTS ACT", requires a claimant to show:
- Continuous possession of a property for 10 years;
- Payment of property taxes for those 10 years;
- Open, notorious, and public possession of the property; and
- Actual possession of the property.
We won’t bore you with the nuts and bolts of adverse possession, as the key point here is that it requires meeting all of the above elements to get a legal title or right in a property. Claiming squatter’s rights, on the other hand, requires meeting exactly none of the above elements. It is also limited to tenants and not everyone who resides at a property. In fact, under Oregon law, there is no such thing as "squatters rights".
Squatters rights, per se, does not come up in the statutes, but instead is a commonly accepted limit on how much a landlord can keep a tenant from returning to a property after a landlord has obtained an unlawful detainer judgment. It is not allowed to persist any longer than 24 hours. There are no other legal requirements. While this may be applied to a commercial premises, the greater limitations on when a person can be removed from a commercial premises means that this right is usually only associated with residential properties.
Additionally, trespassing is separate from squatting. If you can get a person out of the property with a notice of trespass, you don’t need to engage the sheriff to have the personal property removed. Even with a squatter, the property can immediately be removed by court order. See ORS 105.145.
In reality, the concept of squatting is a common bedfellow with eviction strategies. It almost always comes up in a concern that a previous tenant will return to the property when ordered out. This is true even if you have a Supreme Court decision in your favor and a favorable judgment in your hands. The tenant may still return and occupy the property.
Adverse Possession Under Oregon Law
Under Oregon law, the doctrine of adverse possession allows a person who possesses property belonging to another for an uninterrupted period of ten years to claim legal title to that property, provided that certain criteria are met. A squatter does not have to adversely possess property for ten years if the property is vacant land or a mobile home or boathouse. The requirements for adverse possession regarding a number of issues include the following:
Factual Possession
The squatter must be able to create a presumption that he or she is the true owner of the property and that the titleholder is not. The squatter must meet the legal requirements to own the property.
Possession must be Open
Occupation or use of the property cannot be secretive. If the use by the squatter is so furtive that the true owner does not notice the use, then the possession cannot be considered open, and the squatter cannot claim adverse possession.
Possession must be Actual
The squatter must physically use the property. That means pay taxes on it, make improvements, and live there. It cannot be a mere mental state of possession. Someone can only claim adverse possession of property they actually possess.
Possession must be Excluded
The possession of the squatter must be exclusive of the rights of the true owner. True owners’ rights must be excluded. If the true owner retains possession, then the squatter cannot claim adverse possession. If the squatter shares possession or openly concedes superior title to the true owner, they cannot claim adverse possession.
Possession is Uninterrupted
The possession must be continuous for the required time to claim adverse possession. Adverse possession under Oregon law requires possession for ten years unless the property is either a mobile home or vacant land.
Color of Title
The squatter need not have color of title (some sort of proof that he or she thinks he or she has the title to the land) to claim adverse possession, according to Jennings v. NACM Oregon, 95 Or. App. 154 (1989).
Background of Adverse Possession in Oregon
Oregon is known as a title based adverse possession state. Oregon is also a permissive use state which generally means that the adverse claimant must show that the owner has not accepted rent for the occupied property.
History
The adverse possession doctrine goes back almost 1500 years and has roots in Roman law dating back to the 6th century AD. The first legal record of adverse possession was in Europe was around the 13th century AD and in the 16th century AD, England adopted Roman Law. In Roman law, prescription originated as the acquisition of ownership as a result of the continual possession of land over a long period of time in the absence of any evidence of the true owner’s claim to title.
American Courts
The United States Court System adopted the doctrine of adverse possession from the English common law. Every American state has adopted some doctrine of adverse possession. The elements necessary for adverse possession are similar in many states but also differ in certain aspects.
What Rights Do Owners Have?
In the event that the property owner has the right to evict the squatter, they can either file an unlawful detainer suit or have a sheriff serve the squatter with a 24-hour notice to vacate. Oregon law states that if a tenant occupies the property and pays rent or claims rights to stay in the unit, the occupant is a tenant rather than a squatter.
The property owner must prove they have a right to the property by holding a deed, title, original lease agreement or proof of monthly rent payment. The tenant, with a landlord/tenant relationship, must have legal rights and the squatter must not be protected under the law.
Any lease must be followed—if the squatter does not comply, they may be removed from the property. If the squatter occupied the property for more than 10 days, they may claim they are the new tenant and could be charged for rent.
How To Evict A Squatter
Taking the legal route to reclaim your property is the only way to go. While we know that you just want this squatter to leave, we in reality know that is not going to happen. Oregon has its laws and we want you to understand them.
1. Identify the Squatter
Before you can even begin to take possession of your own property or begin any type of legal proceeding, you must first identify the squatter. Telling them to be gone will not work. You will need to do some research to find out who they are and where they came from.
2. Contact the Authorities
The next step is to contact the police and report the trespasser. The officer will hopefully walk the property with you to show them no one belongs there. If the officer places a "Notice to Vacate" on the premises it is valid for only 48 hours.
3. Tenant or Trespasser
This is where it gets a little tricky. The person may very well believe they are a tenant in your home. Go through each room with the officer and decide if there is a rental agreement such as a lease or receipt for rent. Do not touch any of the tenants’ belongings and do not change the locks without notice to the person . Doing so could make you liable for any further damage to your property. If everything indicates that there is a tenant/landlord relationship then you cannot evict the person.
The best thing to do is either alert the authorities that the person is trespassing on the property and they need to vacate or file a suit in the circuit court to make the eviction process legal. The circuit court process is difficult to handle yourself. There are specific time limits to follow and forms to fill out.
4. Eviction
Oregon law requires that a landlord have proper cause for eviction and must be able to prove that cause. Post an appropriate notice at the property for the individual to leave the premises with specific time limits and when they must be out. If they are still there after the notice time limit has expired, initiate an Unlawful Detainer action in circuit court.
Scary isn’t it? It’s a gauntlet of legal jargon and complex processes you must navigate without any support to remove this unwanted tenant. We empathize with you and wish we could say there was more we could do. But there isn’t.
How To Prevent Squatting as a Property Owner
Preventing efforts to reduce squatting require continual vigilance by property owners and tenants. Some property owners may be tempted to modify their own behaviors in order to create opportunities to prevent squatting. However, there are several basic strategies that will minimize the chances that somebody will attempt to take possession of a building or property.
- A vacant piece of property can be an invitation for squatters if it is not adequately secured. As a result, many property owners simply choose to leave their commercial or residential property vacant. This decision is often a good one because taking steps to adequately secure a vacant piece of property can mean spending a good amount of money investing in future expenses in the hopes that the property will be occupied. However, if someone tries to take possession of the property, they may go to great lengths to do so.
- Recognize that it is impossible to prevent trespassing on a property simply by maintaining good security measures. No matter the security that a property has in place, someone may force their way in at some point.
- The best security system for maintaining control over a property it to visit and inspect regularly. Visiting and inspecting a piece of property may involve taking photographs of the property to make sure that no one has tried to enter the property when no one is around.
- If a property is secure and monitored regularly, a property owner has a much better chance of determining whether or not a person will attempt to enter a property and take possession.
- If the building has commercial tenants, regular visits to the property will provide the owner or their tenants with an opportunity to determine whether or not a person may be accessing the property without permission.
- In the event of an attempted invasion by a person attempting to take possession of a property, an owner also should visit the property on a regular basis to document the invasion and verify personal items and damage to the property.
- It is generally important that prospective tenants be aware of the fact that a property has had an issue with a past tenant trying to lay claim to the property or take possession.
Recent Cases and Examples
In 2005, the Oregon Court of Appeals recognized that it did not have tradition or case history binding it to the view that an unlawful detainer action was an improper remedy for a landlord to recover possession of property from a squatter. Smith v. Dunn, 204 Or. App. 159, 160, 129 P.3d 1248 (2006). Although the Court of Appeals had previously issued rulings asserting that an unlawful detainer action (a type of summary proceeding for the recovery of possession of real property) was not an appropriate remedy to a squatter, the remedies available to a landlord strictly depended on whether the squatter had a claim to possession or whether the squatter was a trespasser. The Court of Appeals overruled prior precedent and held that an unlawful detainer action is a proper remedy for a landlord to recover possession of real property from a squatter who retains possession "wrongfully under the color of title". This ruling was grounded on the fact that the possession of a squatter with a claim of right to possession is "equally as wrongful as if they never held any semblance of title", and that the legal definition and elements of a squatter’s claim of right to possession have been only faintly defined.
The Oregon legislature then acted, effective January 1, 2018, revising ORS 105.045(3) to alter the terms of a squatter’s claim of right to possession to enhance security of ownership of real property. The revision required certain circumstances to be established by a squatter in an unlawful detainer proceeding under ORS 105.145 to keep possession of property: (a) The person claiming a claim of right must, within ten days after the date of service of the summons, comply with ORS 105.180 (setting the date for the person to appear in court), file an affidavit with the court and serve the affidavit on the tenant alleging the following (each the "four-part test"): (a) The person claiming a claim of right has paid property taxes that are ninetynine years old at least three times in the 10-year period immediately preceding the filing of the affidavit, and (b) The person claiming a claim of right has been in continuous possession of the real property for at least 20 years, and (c) The person claiming a claim of right has filed with the county clerk a claim of right to possession of real property pursuant to ORS 94.504 (claim of right to possession of real property), and (d) The person claiming a claim of right has submitted to a background check and possesses a valid identification card issued by the state.
If the four-part test is satisfied and the person claiming a claim of right to possession has not, within 60 days after service of the summons, obtained a judgment granting continuing possession under ORS 105.180, the landlord may terminate the tenancy and recover possession.
Resources And Legal Help
For property owners and squatters alike, there are various resources available to help resolve issues or seek legal advice. In Oregon, local legal aid organizations often provide a wealth of information and assistance to individuals who may be facing eviction, seeking legal counsel, or simply trying to understand their rights and responsibilities under the law. Legal Aid Services of Oregon is a statewide organization that provides free legal services to low-income individuals and families. While they do not handle squatting cases specifically, they can direct individuals to other legal aid groups that specialize in housing and tenant rights. OregonLawHelp.org is another valuable resource , which offers an extensive collection of self-help resources, housing guides, and information on local legal aid services. In addition to online resources, the Oregon State Bar Lawyer Referral Service offers a 30-minute initial consultation for a fee with a lawyer, which can be especially helpful for property owners unsure of how to proceed in a squatter situation. To get connected with a lawyer, visit the Oregon State Bar’s website or call their referral service. For anyone dealing with an issue involving squatting and property ownership in Oregon, it is advisable to seek legal guidance to fully understand the law and the best course of action for their particular situation.