Oregon Squatter Laws
Oregon squatter laws dictate that a squatter can make an adverse claim if they’ve lived on an abandoned property for ten years and paid property taxes.
Written by Annette Maxon
Reviewed by Melanie Reiff
Oregon
squatter laws dictate that squatters have the right to make an adverse possession claim if they have maintained and resided on the property for ten years, including paying property taxes. Many people are surprised to learn that squatting (within certain parameters) is perfectly legal in the U.S. Though this may be good news for squatters, it can be a massive source of stress for property owners, especially people with multiple properties.
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Who’s considered a squatter in Oregon?
Squatting laws have been around in the U.S. since the 1850s to help differentiate legal squatting from illegal trespassing.
In Oregon, a squatter is
defined as anyone
who occupies an unoccupied home or property that they do not lawfully own nor have permission to live on. Depending on the circumstances, the squatter may even believe that they are the lawful tenant.Squatting vs. trespassing vs. holdover tenants
If you’re wondering whether there’s a difference between squatting and trespassing, there is!
In short, the difference comes down to whether the property is occupied or the person is told they’re unwelcome by the property’s owner/resident.
If someone is living on the property you’re entering, is aware of your presence, or has signs posted warning against entering the property (i.e., “no trespassing” signs), you’re trespassing, not squatting.
By contrast, if you’re taking up residence in a house or property that has no posted signs against trespassing and no one who lives there has communicated that you must leave, you’re a legal squatter.
If the situation deals with a tenant who overstays their lease, you’re dealing with a holdover tenant. Landlords could press trespassing charges if the tenant refuses to leave even after being asked to vacate the unit. However, if the landlord decides to continue charging the holdover tenant rent and the tenant pays it, the tenant will become a tenant at will. They can still be evicted at any time.
Key Takeaway The primary difference between squatting and trespassing comes down to whether the individual is explicitly welcome and if the property in question is occupied when the individual enters.
Adverse possession laws in Oregon
Established as part of the Homestead Act of 1862, adverse possession laws exist in the U.S. to allow a squatter to gain possession of a property or home despite the original owner’s will. This usually happens if a property has effectively been abandoned by the original owner (even if they still hold its rightful title).
In Oregon, adverse possession laws only apply if the squatter meets the following criteria:
- The squatter truly believed that they were the property’s owner when entering the first time
- The squatter has lived on the property for at least ten years. Allowing livestock to graze on the property is not sufficient
- The property in question is not owned or in use by a railroad
Additionally, the squatter must have proof of active, hostile, open and notorious, exclusive, and continuous possession. Here’s a closer look at what each of these entails.
Active possession
The squatter claiming property rights must be actively living on the property in question. In Oregon, this means that the squatter has inhabited the property for ten years.
You can prove active possession by doing things like taking care of the yard, making improvements to the house or property, and being present on the property every week, if not every day.
Hostile possession
Surprisingly, hostile possession does not refer to ill will or malicious intent. Rather, hostile possession happens when the squatter makes a claim of right or has a color of title to the property.
Color of title simply means that the squatter has sent a written statement claiming the property as their own and that they don’t have the actual title to the property.
Open and notorious possession
If the squatter has been seen coming and going, improving, and residing on the property by neighbors, the squatter can claim open and notorious possession.
In other words, open and notorious possession means you’re making your presence on the property visible and known to others.
However, if the squatter is trying to hide their presence, you won’t be able to make an adverse possession claim.
Exclusive possession
Oregon will only recognize an adverse possession claim if the squatter is not part of a larger group. The squatter cannot be sharing the property with the legal owner, either.
With these restrictions in mind, exclusive possession means that the squatter must be the only resident on the property.
Continuous possession
Finally, the possession must be continuous, meaning that the squatter must live on the property for at least ten years uninterrupted.
To claim continuous possession, the squatter must prove that the house or property has been their primary residence for this entire period. This includes proving that they paid taxes on the property over those ten years or have a deed to the property.
Does Oregon honor color of title claims?
Yes, Oregon is one of the states that will honor a color of title claim. Simply put, a squatter does not have to submit the full amount of paperwork to make an adverse possession claim.
The squatter must simply have proof of hostile possession—either a color of title or a written statement showing their intent to inhabit the property permanently.
How to protect yourself from squatters
Squatter rights in Oregon tend to favor squatters more so than the stricter laws found in other states. With this in mind, property owners need to protect their homes.
Here are some tips for securing yourself from squatters:
- Visit regularly: Not only will this help you to discover any squatters in your house, but it will also weaken the squatter’s claim to continuous possession.
- Install working locks on your doors and windows: Especially if the property is not your primary residence, locks on the doors and windows are important to securing your house from unwanted entry.
- Install a security system: Security systems are especially useful if you are away from your home for extended periods. This will alert you of any unwanted entries on your property.
- Post no trespassing signs in visible locations: These signs make it clear that uninvited visitors are unwelcome. What’s more, if you find an individual staying on your property and disregarding the signage, you can press criminal trespassing charges.
- Pay property taxes on time: Property taxes are a key factor in allowing a squatter to make an adverse possession claim. Making sure you pay your taxes promptly can prevent others from paying them and claiming the property as their own.
In the case that you discover squatters trying to take possession of your home or property, there are a few ways to handle the situation.
Start by providing them with a written document that states your ownership and asks them to leave immediately. Keep a copy so you can prove that you attempted to remove the squatters if they try to make an adverse possession claim later on.
If the squatters refuse to leave, you can:
- Offer a contract to rent out the property to them
- Contact your local police
- File an unlawful detainer suit—this will evict the squatters from your property
Keep in mind, though, that it is important to tread with caution. Threatening squatters yourself or shutting off the utilities could result in you getting slammed with serious legal charges.
The best course of action is to follow the proper (even if slow) legal channels to have them removed from your property so you don’t face any repercussions.
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FAQs
How long can squatters stay in Oregon?
It depends. If the squatters are not asked to vacate the property by the owners, they can rightfully remain on the property for as long as they like.
However, as soon as the property owner requests that they leave the premises, they should leave. If squatters refuse to comply with the owner’s request, they may face criminal trespassing charges.
Do squatters have to pay property taxes in Oregon?
Again, it depends on the squatter’s intent. If the squatters want to make an adverse possession claim then yes—property taxes are an essential part of proving that the property was not paid for nor maintained by the legal owner.
In the case that the squatters do not pay property taxes, they may be pressed with criminal trespassing charges.
Is it illegal to squat in a home?
If the owner has explicitly posted “no trespassing” signs or asked the unwanted visitors to leave while they’re in the house, then yes—squatting is illegal under these conditions.
However, if the owner is not actively living in the house and there are no signs or indications that the squatter may be uninvited, then it is legal to squat in the home.
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