Adverse Possession in Oregon: 10 Years Plus an Honest Belief of Ownership
Reviewed by DocDraft Legal Team · Oregon · Last updated October 5, 2026
Occupy land you do not own openly enough and long enough, and Oregon law can hand you its title; that transfer is what adverse possession means. The period here is 10 years, and the possession must have been actual, open, notorious, exclusive, hostile and continuous across the whole stretch (ORS 105.620(1)(a)). Oregon then writes a state of mind into the statute itself. At the time the claimant or a predecessor first entered the property, that person must have had the honest belief that they were the actual owner, and that belief must have continued throughout the vesting period, had an objective basis, and been reasonable under the particular circumstances (ORS 105.620(1)(b)). Every element must be proved by clear and convincing evidence (ORS 105.620(1)(c)). Property taxes are absent from that list. ORS 105.620 contains no tax provision, so paying the taxes is not an element of an Oregon claim and does not shorten the period. The only Oregon adverse possession provision that mentions taxes is the cotenant provision, ORS 105.615, which asks for an uninterrupted 20 years or more of possession exclusive of the other cotenants plus payment of all taxes assessed while in possession. A written conveyance does not shorten the 10 years either, because under ORS 105.620(2)(a) color of title is one of two ways to show hostile possession, the other being a claim of right. Grazing livestock, absent additional supporting facts, does not satisfy the possession element (ORS 105.620(2)(b)), and railroad property cannot be claimed at all (ORS 105.618). Attorney review is available through DocDraft.
Find out where you stand in Oregon
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How long does adverse possession take in Oregon?
Ten years. A person acquires fee simple title by adverse possession only if the person and their predecessors in interest maintained actual, open, notorious, exclusive, hostile and continuous possession for a period of 10 years (ORS 105.620(1)(a)). Oregon separately requires an action to recover real property to be commenced within 10 years (ORS 12.050).
Does an Oregon adverse possession claim require paying the property taxes?
No. ORS 105.620, the statute that sets out every element of an Oregon claim, contains no property tax provision, so tax payment is neither required nor a way to shorten the period. The only Oregon adverse possession provision mentioning taxes is ORS 105.615, which governs a tenant in common claiming against cotenants.
What state of mind does Oregon require from an adverse possessor?
An honest belief of ownership at first entry. The person entering into possession must have had the honest belief that the person was the actual owner, and that belief must have continued throughout the vesting period, had an objective basis, and been reasonable under the particular circumstances (ORS 105.620(1)(b)).
Can land owned by the state or a county be taken by adverse possession in Oregon?
Oregon answers through two provisions rather than one. The limitations prescribed in Oregon's limitations chapter do not apply to actions brought in the name of the state, any county, or other public corporation, or for its benefit (ORS 12.250). The adverse possession statute includes the state and its political subdivisions within the word person (ORS 105.620(3)).
Oregon adverse possession at a glance
Adverse possession lets a long term occupier of someone else's land become its legal owner once every statutory requirement has been satisfied for the full statutory period. Oregon sets that period at 10 years of actual, open, notorious, exclusive, hostile and continuous possession (ORS 105.620(1)(a)), then adds the element that distinguishes the state: the occupier must have entered with an honest belief of actual ownership that continued throughout the vesting period, rested on an objective basis, and was reasonable under the particular circumstances (ORS 105.620(1)(b)). Each element carries a clear and convincing evidence standard (ORS 105.620(1)(c)). Paying the property taxes appears nowhere in the statute. Oregon also names one use as not enough on its own: absent additional supporting facts, grazing livestock does not satisfy the possession element (ORS 105.620(2)(b)).
Eighteen years of grazing in Harney County, and the two elements it still has to clear
Run the Oregon statute across a high desert grazing dispute. Since 2006 a Harney County rancher has turned cattle out onto roughly 40 acres of unfenced sagebrush on the far side of a dry draw, ground that sits inside the neighboring ranch's deeded boundary. Eighteen years comfortably exceeds the 10 the statute names (ORS 105.620(1)(a)). Oregon then speaks to this precise use: absent additional supporting facts, the grazing of livestock is insufficient to satisfy the possession element (ORS 105.620(2)(b)). A 2008 survey the rancher ordered and filed also shows the draw was never the line, which puts the honest belief requirement in issue, because the belief must have continued throughout the vesting period and been reasonable under the particular circumstances (ORS 105.620(1)(b)). Each element needs clear and convincing evidence (ORS 105.620(1)(c)). Whether these facts satisfy the statute is for the circuit court.
Relevant Laws
ORS 105.620 (acquiring title by adverse possession)
Sets the whole Oregon test: 10 years of actual, open, notorious, exclusive, hostile and continuous possession; an honest belief of actual ownership at first entry that continued throughout the vesting period, had an objective basis and was reasonable; proof of each element by clear and convincing evidence; a definition of hostile possession and color of title; and the rule that grazing livestock alone is insufficient. The section contains no property tax requirement.
ORS 105.615 (tenant in common against cotenants)
The separate route for a co-owner. A tenant in common may acquire fee simple title by adverse possession against all other cotenants after possession exclusive of all other cotenants for an uninterrupted period of 20 years or more, having paid all taxes assessed against the property while in possession. Notice of the exclusive possession need not be given to the other cotenants.
ORS 105.618 (railroad property)
Provides that a person may not acquire by adverse possession, as defined in ORS 105.620, property owned by a railroad or used for a railroad operation. Enacted in 2007, it is a category of land Oregon excluded expressly by statute rather than leaving to the general elements.
ORS 105.605 (suits to determine adverse claims)
Provides that any person claiming an interest or estate in real property not in the actual possession of another may maintain a suit in equity against another who claims an adverse interest or estate, for the purpose of determining those conflicting or adverse claims, interests or estates. Municipal corporations and counties may use the same route for property they claim.
ORS 105.705 (boundary action and filing of the judgment)
Lets any party to a boundary dispute between owners of adjacent or contiguous lands bring an action in the circuit court of the county where the land sits, to have the line ascertained and marked by proper monuments on the ground. On final determination the clerk files one copy of the judgment with the county surveyor, one with the county assessor, and one with the county officer who keeps the deed records.
ORS 105.005 (owner's right of action and the honest belief damages rule)
Gives a person with a legal estate and a present right of possession an action at law to recover possession with damages for withholding it, and provides that an occupier who throughout the vesting period held an honest and objectively reasonable belief of actual ownership is not liable for double or treble damages under ORS 105.810(1) to (3) or 105.815, nor for the value of the use or occupation during the vesting period.
ORS 105.030 (damages window and improvements setoff)
Limits the owner's recovery to damages for withholding the property for the six years next preceding commencement of the action, plus any period between commencement and verdict, and allows the value of permanent improvements made by a defendant holding under color of title in good faith as a setoff against those damages.
ORS 12.050 (10 year limit on actions to recover real property)
Provides that an action for the recovery of real property, or for the recovery of the possession of it, must be commenced within 10 years, and that no such action is maintained unless the plaintiff, an ancestor, predecessor or grantor was seized or possessed of the premises within 10 years before the action began.
ORS 12.250 (actions by the state, a county or a public corporation)
Provides that unless otherwise made applicable, the limitations prescribed in Oregon's limitations chapter do not apply to actions brought in the name of the state, or any county, or other public corporation in the state, or for its benefit. Read with ORS 105.620(3), which brings the state and its political subdivisions inside the word person, this is where Oregon's statutes address publicly owned land.
Oregon Judicial Department: how to file a case
The Oregon Judicial Department explains that filing a case starts the legal process, that for a case in a circuit court the first document filed is usually called a complaint or petition, and that in most cases a filing fee is paid when the document starting the case is filed. Every Oregon county has a circuit court.
Regional Variances
Oregon adverse possession rules at a glance
Statutory period
Ten years of actual, open, notorious, exclusive, hostile and continuous possession, counting possession by predecessors in interest (ORS 105.620(1)(a)). Oregon separately requires an action for the recovery of real property to be commenced within 10 years (ORS 12.050).
Property taxes
Not an element and not a period shortener. ORS 105.620 has no tax provision at all. The only Oregon adverse possession provision mentioning taxes is ORS 105.615, the cotenant route, which pairs payment of all taxes assessed with 20 years or more of exclusive possession.
Required state of mind
An honest belief of actual ownership at first entry, which continued throughout the vesting period, had an objective basis, and was reasonable under the particular circumstances (ORS 105.620(1)(b)).
Standard of proof
Clear and convincing evidence on each element set out in the statute (ORS 105.620(1)(c)).
Color of title
Does not shorten the period. It is one of the two ways to maintain hostile possession, alongside a claim of right, and means claiming under a written conveyance or by operation of law from someone claiming under one (ORS 105.620(2)(a)).
Use the statute calls insufficient
Grazing livestock. Absent additional supporting facts, the grazing of livestock is insufficient to satisfy the possession element (ORS 105.620(2)(b)).
Acreage cap
None. A full text search of ORS chapter 105, which contains the adverse possession statute, returns no instance of the word acre, so Oregon imposes no size limit on a claim.
Railroad property
Excluded by statute. A person may not acquire by adverse possession property owned by a railroad or used for a railroad operation (ORS 105.618).
Publicly owned land
Addressed outside the elements statute. The limitations prescribed in Oregon's limitations chapter do not apply to actions brought in the name of the state, any county, or other public corporation, or for its benefit (ORS 12.250), and the state and its political subdivisions fall inside the word person in the adverse possession statute (ORS 105.620(3)).
Perfecting title
A suit in equity to determine adverse claims (ORS 105.605), or for a boundary line between adjacent owners a circuit court action under ORS 105.705, after which the clerk files one copy of the judgment each with the county surveyor, the county assessor and the county deed records office.
Frequently Asked Questions
Other Oregon guides
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