Squatters Rights in Oregon and Adverse Possession Law (2024)

Squatters rights in Oregon stipulate the legal protections squatters have against being removed from a property by the property owner or law enforcement. If a squatter occupies a property for a prescribed length of time, which is 10 years, they can claim ownership of the property through adverse possession.

Landlords hope they’ll never have to deal with this problem, but you must educate yourself on Oregon landlord-tenant laws so you know what rights you have and how to legally remove squatters from your property.

Key Takeaways: 

• Squatters rights in Oregon say they can claim ownership after 10 years of continuous occupancy.
• Evicting squatters requires a lawsuit, unlike standard tenant eviction
• Squatters are not required to pay property taxes in Oregon to claim adverse possession, though it would likely bolster their case.
• Squatters are not required to possess a color of title (document depicting legitimate property ownership) to initiate an adverse possession claim.

Squatter Rights vs. Adverse Possession in Oregon

Once a squatter moves into a property and makes it clear they intend to stay, the matter shifts from a criminal act, trespassing, to a civil matter that must be dealt with through the courts. Essentially, squatters gain the right to stay at the property until evicted. Landlords should not attempt self-help evictions, which can lead to further legal challenges.

Adverse possession, on the other hand, is the right a squatter gains to claim a property after fulfilling a number of requirements, which we outline below. An adverse possession claim aims to gain property ownership, not by paying for it, but through adverse possession.

Squatters must fulfill the following possession requirements to complete an adverse possession claim granting them property ownership.

Actual: The squatter must use the property as a regular owner would. Examples include maintaining the land, building structures, or improving the existing dwelling.

Continuous: Squatters can’t leave a property for an extended period and come back for an adverse possession claim to stick.

Open and Notorious: If a squatter attempts to conceal their presence on the property, their claim will fail. They must make it clear to everybody in the area that they occupy the property.

Exclusive: The squatter should be the only person living at the property.

Hostile: A squatter’s presence on the property should be against the owner’s will. In other words, tenants cannot claim adverse possession.

While all of the above must be proven in court, it’s important to note that under Oregon law, squatters are not required to pay property taxes or possess a color of title to make an adverse possession claim, which is standard in many other states.

Squatter vs. Trespasser

We briefly covered this above, but it warrants further explanation. As an Oregon landlord, it’s important to understand the difference between squatters and trespassers in order to take appropriate legal action.

Here’s a breakdown of the key differences and their implications.

Squatter:

• A squatter is someone who occupies your property without permission with the intent to live there long-term and potentially claim ownership.
• A squatter does not leave the property and come back after extended periods.
• Landlords must evict squatters to remove them legally. Sometimes, a notice to vacate will motivate them to leave, but that’s not always the case.

Trespasser:

• A trespasser enters your property without permission and doesn’t intend to live there. It could be someone exploring a vacant building, vandalizing the property, or using it temporarily.
• Trespassers may spend some time on the property but don’t intend to establish residency.
• Trespassing is a misdemeanor in Oregon. Depending on whether it’s trespassing in the first or second degree, the penalties could include up to a year in jail and a $6,250 fine.

Determining if you have a squatter or trespasser depends on the specific situation. Look for signs of someone living on the property, such as furniture, mail addressed to them, or regular activity.

For trespassers, contacting the police and filing a trespass complaint is the fastest solution. If you catch a trespasser before they become a squatter, you could save yourself a lot of legal issues.

Oregon Laws on Squatters

Oregon recognizes adverse possession, allowing squatters to claim ownership if they meet specific criteria. This includes occupying the property openly, continuously, and exclusively for a set period (usually 10 years).

Evicting squatters requires a formal court process like a standard tenant eviction. The process can be time-consuming and expensive, highlighting the importance of preventing squatters in the first place.

How Squatters Can Legally Claim Property in Oregon

As we’ve mentioned, squatters can legally claim property ownership in Oregon via an adverse possession claim, assuming they’ve met all the above mentioned requirements.

For the claim to have any weight, they must provide evidence that they’ve met the legal requirements. Specific evidence includes:

• Pictures demonstrating property improvements
• Testimonials from any willing neighbors explaining open and continuous possession
• Receipts indicating improvements that may not be easy to spot
• Get mail, packages and deliveries sent to the address — keep all envelopes.

Additionally, squatters must file a quiet title to “quiet” any competing claims of ownership and settle the case once and for all.

Landlord Rights and Responsibilities

Landlords have the right to take legal action to regain possession of their property from squatters. This involves an eviction process through the court system.

Oregon law still requires a written “Notice to Vacate,” even for squatters. The time frame depends on the situation (this is either a 10-day notice or a 30-day notice).

Landlords have the right to take reasonable security measures to prevent squatters, such as installing strong locks, alarm systems, and “No Trespassing” signage. However, landlords cannot forcibly remove squatters themselves. They must follow the legal eviction process established by Oregon law.

Additional rights unique to Oregon landlords include disability and minor property ownership.

Disability: If a property owner is deemed insane or legally incompetent, squatters cannot claim the property via adverse possession.

Minor Owner: If the owner is a minor, the adverse possession claim must be put on hold for five years. After the owner reaches the legal age of 18, they have one year to dispute the claim.

Squatters Rights and Responsibilities

After continuously occupying the property for 10 years, squatters may be able to claim ownership through adverse possession. However, this requires meeting particular criteria. Squatters in Oregon have the right to stay on the property until a successful eviction ruling in the courts.

How to Evict Squatters in Oregon

The eviction process is lengthy and complicated, but if you’ve determined that you have squatters on your property, it’s the only way to remove them in Oregon legally. Here’s a breakdown of what the eviction process for squatters in Oregon can look like:

1. Identify the squatter: Make sure you’re dealing with a squatter, not a trespasser (who doesn’t intend to stay). Look for signs of long-term occupancy, like furniture or mail.
2. Provide notice: Oregon law requires a written “Notice to Vacate,” even for squatters. You must give squatters written notice that you are the legal owner of the property and do not consent to their occupation. Send the notice via certified mail and post it on the property.
3. File a lawsuit: If the squatter doesn’t leave after the notice, you need to file an eviction lawsuit to regain possession.
4. Court hearing and potential eviction: A judge will hear the case and may order the squatter’s eviction. This can take weeks or months.
5. Removal by sheriff: If the court rules in your favor, a Writ of Execution is issued, authorizing the sheriff to remove the squatter from the property. This is the only time squatters and their belongings can be forcibly removed from the property.

Important note: This is a simplified overview. Consulting a lawyer specializing in landlord-tenant law is crucial to navigating the specific legal requirements and ensuring a smooth eviction process. You can also contact our partner, EZ Evict, to get the ball rolling.

Legal Help for Landlords in Oregon

Navigating Oregon landlord-tenant laws is complicated. Any Oregon landlords dealing with squatters who need legal help should consider using the following resources:

• Oregon State Bar Association: Offers a lawyer referral program to help property managers find lawyers specializing in landlord-tenant law.
• Oregon Law Help provides both landlords and renters with free information on laws in the state.

Preventing Squatter Situations

Oregon squatters rights can be a major headache for Oregon landlords. To keep your vacant rentals squatter-free, follow these preventative measures:

• Secure vacant properties: Ensure all doors and windows have strong locks and deadbolts. Consider security bars or window grates for extra protection.
• Maintain a regular presence: Conduct frequent inspections of your vacant units. This deters squatters and allows you to identify any potential problems early on.
• Utilize lights: Install exterior lighting with motion sensors to illuminate the property at night. This discourages trespassers and makes it harder for squatters to remain undetected.
• Keep up appearances: Maintain the landscaping of your vacant property. Overgrown yards and unkempt exteriors signal neglect and attract unwanted visitors.
• Spread the word: Inform neighbors about the vacancy and ask them to report any suspicious activity. A watchful community is a strong deterrent against squatters.

Following these suggestions can reduce the risk of squatters taking hold of your Oregon rental property. Remember, prevention is always better than the hassle and expense of an eviction case.

Avoid Vacant Units With TurboTenant 

While the above tips are great at preventing squatters (or navigating the legal process once they’re in place), your number one goal as an Oregon landlord is to keep your units occupied with tenants you’ve thoroughly screened. TurboTenant’s free property management software helps you fill your rentals and minimize vacancies. Here’s how:

• Advertise your rentals to find tenants quickly and keep properties occupied
• Collect rental applications digitally and skip the paper
• Conduct thorough background checks for tenants to ensure you pick solid rentals with no histories of evictions or court proceedings.
• Create a specific Oregon lease agreement that protects your rental and deters lease-breaking

Sign up for TurboTenant today. It’s free and can help keep your properties occupied with trusted tenants and avoid dealing with squatters.