ORS Chapter 105

Chapter 105 — PropertyRights

2009 EDITION

PROPERTYRIGHTS

PROPERTYRIGHTS AND TRANSACTIONS

ACTIONSFOR RECOVERY OF REAL PROPERTY

105.005 Rightof action; recovery; damages

105.010 Contentsof complaint

105.015 Answer

105.020 Substitutionof landlord for tenant

105.025 Verdict

105.030 Damagesfor withholding; setoff for improvements

105.035 Judgmentwhen plaintiff’s right to possession expires

105.040 Orderto make survey

105.045 Actionnot prejudiced by alienation by person in possession

105.050 Cotenantshall prove ouster

105.055 Conclusivenessof judgment

105.060 Effectof new trial on plaintiff’s possession

105.070 Rightsof donee under Donation Law

105.075 Noticeto quit; action to recover possession not affected by forcible entry or wrongfuldetainer

105.080 Reimbursementof tenants in common obtaining possession; lien

FORCIBLEENTRY AND WRONGFUL DETAINER

105.105 Entryto be lawful and peaceable only

105.110 Actionfor forcible entry or wrongful detainer

105.111 Stayof eviction for state service member

105.112 Actionby tenant to recover personal property; forms

105.113 Formof summons

105.115 Causesof unlawful holding by force; action for return of possession

105.117 Occupancyby employee of resident of dwelling unit

105.120 Noticenecessary to maintain action in certain cases; waiver of notice; effect ofadvance payments of rent

105.121 Formsin action for possession of group recovery home; limitation on issues; attorneyfees

105.123 Complaint

105.124 Formof complaint if ORS chapter 90 applies

105.126 Formof complaint if ORS chapter 90 does not apply

105.128 Landlordaction to remove perpetrator of domestic violence, sexual assault or stalkingfrom possession of dwelling unit; retention of possession by victim

105.130 Howaction conducted; fees; surcharge

105.132 Assertionof counterclaim

105.135 Serviceand return of summons; posting; contents; use of facsimile

105.137 Effectof failure of party to appear; attorney fees; judgment of dismissal; schedulingof trial; unrepresented defendant

105.138 Compellingarbitration; procedure

105.139 Burdenof proof in certain cases

105.140 Continuance

105.145 Judgmenton trial by court; duties of parties to stipulated agreement

105.146 Failureof defendant to perform as ordered; judgment of restitution

105.148 Contestingplaintiff’s affidavit or declaration of noncompliance; ex parte review ofhearing request; delaying execution upon judgment of restitution

105.149 Hearingon compliance with order

105.151 Enforcementof judgment of restitution; notice of restitution

105.152 Formof notice of restitution for judgment entered under ORS 105.146

105.153 Formof notice of restitution for judgment not entered under ORS 105.146

105.156 Formof writ of execution for judgment of restitution

105.157 Formof eviction trespass notice

105.158 Serviceof notice of restitution

105.159 Computationof time before plaintiff may request writ of execution

105.161 Serviceand enforcement of writ of execution and eviction trespass notice

105.165 Alternativemethod of removing, storing and disposing of tenant’s personal property;requirements; landlord liability

105.168 Minoras party in proceedings pertaining to residential dwellings

EASEMENTOWNER OBLIGATIONS

105.170 Definitionsfor ORS 105.170 to 105.185

105.175 Easementto be kept in repair; sharing costs; agreements

105.180 Actionfor failure to comply with duty of holder; recovery of costs; arbitration

105.185 Applicationof ORS 105.170 to 105.185

MODIFICATIONOF LEASE TERMS

105.190 Covenantof good faith and fair dealing; rights and obligations of parties

PARTITION

105.205 Whomay maintain partition

105.210 Whenand how partition prevented

105.215 Complaint

105.220 Tenantsand lien creditors as defendants; liens on undivided interests

105.225 Summons;to whom directed

105.230 Serviceby publication

105.235 Answer

105.240 Rightsdeterminable; ascertainment of title where defendant defaults or sale isnecessary

105.245 Saleor partition ordered by court

105.250 Compensationwhen equal partition cannot be made

105.255 Howreferees make partition; report

105.260 Powerof court over report; final judgment

105.265 Personsnot affected by judgment

105.270 Orderof sale on referees’ report

105.275 Conclusivenessof order confirming report

105.280 Howsale made; notice of sale

105.285 Distributionof proceeds of sale

105.290 Distributionof proceeds by referee or payment into court

105.295 Continuanceof suit after proceeds paid into court

105.300 Whenlienholder has other securities

105.305 Creditallowed

105.310 Settingoff estate for life or years in part not sold

105.315 Dispositionof life estate or leasehold

105.320 Compensationof tenants in case of sale

105.325 Whencourt determines value of tenancy

105.330 Rulesfor determining value of certain estates

105.335 Protectionof unknown tenants

105.340 Provisionfor future rights or interests

105.345 Noticeof terms of sale; separate sale of distinct parcels

105.350 Purchaseby referee, conservator or guardian forbidden

105.355 Reportof sale

105.360 Exceptionto report; confirmation of sale; order of confirmation

105.365 Purchaseby encumbrancer or party entitled to share

105.370 Investmentof proceeds for certain parties

105.375 Inwhose name securities taken or investments made

105.380 Whensecurities are payable to parties

105.385 Clerk’streatment of securities and investments

105.390 Whenproceeds paid to conservator or guardian of infant

105.395 Paymentof proceeds to conservator of incapacitated person

105.400 Whenconservator or guardian may consent to partition