REAL PROPERTY / §64.2
incidents cannot be isolated and must occur within five years of each other. ORS 166.715(4); Computer Concepts, Inc. v. Brandt, 98 Or App 618, 780 P2d 249 (1989), aff’d, 310 Or 706 (1990). III.
(§63.3)
References
See generally 2 TORTS ch 28 (Oregon CLE 1992 & Supp 2000). REAL PROPERTY I.
(§64.1)
Land Sale Contract
An action to enforce a contract for the sale of real property must be commenced in the county in which the real estate is situated within five years from the date of maturity of final payment as stated in the contract or from the date to which final payment is extended by a recorded agreement. The contract will cease to be a lien, encumbrance, or cloud on the title unless an action is commenced within five years of these dates. ORS 12.060(1). II.
(§64.2) A.
A person may acquire title to real property by adverse possession only if the person claiming adverse possession and the predecessors in interest of that person have maintained actual, open, notorious, exclusive, hostile, and continuous possession of the property for 10 years. Also, the claiming party and predecessors in interest during the relevant period must have had an honest belief that the property in question was owned by the claiming party and this belief must have existed from the commencement of the vesting period. The honest belief must be objectively reasonable given the circumstances surrounding the property. ORS 105.620; Mid-Valley Resources, Inc. v. Engelson, 170 Or App 255, 259, 13 P3d 118 (2000), rev den, 332 Or 137 (2001). •
124
Adverse Possession
CAVEAT: This statute does not apply unless the claim was filed and the interest vested after January 1, 1990. Nooteboom v. Bulson, 153 Or App 361, 364, 956 P2d 1042, rev den, 327 Or 431 (1998); Markovich v. Chambers, 122 Or App 503, 506, 857 P2d 906 (1993).
B.
An action to recover possession of real property must be commenced within 10 years. No action will be maintained unless it appears that the plaintiff, an ancestor, a predecessor, or a grantor possessed the property within 10 years before the action is commenced. ORS 12.050; Evans v. Hogue, 296 Or 745, 754, 681 P2d 1133 (1984).
C.
A tenant in common may acquire sole title to real property by adverse possession against other cotenants by possessing the property to the exclusion of other cotenants and paying all taxes for an uninterrupted