Squatter’s Rights in Oregon

In Oregon, squatters can claim adverse possession of a property after continuously occupying it for 10 years, or 20 years in co-tenancy situations. While squatting differs from trespassing (a criminal offense), squatters can only gain legal rights if they meet specific requirements for an adverse possession claim.

To successfully claim adverse possession in Oregon, squatters must prove five key elements: hostile possession (believing they have the right to be there without owner permission), actual possession (having physical control of the property), open and notorious possession (not hiding their occupancy), exclusive possession (though Oregon uniquely allows co-tenancy claims), and continuous possession for the required time period. Color of title, while helpful, is not mandatory in Oregon.

Oregon provides special protections for property owners with disabilities. If an owner is legally incompetent or insane, their property cannot be subject to adverse possession claims, and they have up to a year after leaving a mental health facility to dispute such claims. Similarly, if the owner is a minor, adverse possession cases can be delayed for at least five years, with owners having up to one year after turning 18 to dispute a claim.

Property owners can remove squatters through judicial eviction by serving appropriate notices (72-hour Notice to Pay Rent, 24-Hour Notice to Quit for illegal activities, or Notice to Quit if no lease exists). After a successful eviction, landlords must obtain a Writ of Execution, which the sheriff delivers to the squatter, giving them at least four days to vacate. Prevention measures include regular property inspections, timely property tax payments, securing properties with locks or fencing, posting “No Trespassing” signs, and seeking legal assistance when needed.