ORS Chapter 105
Chapter 105 — PropertyRights
2009 EDITION
PROPERTYRIGHTS
PROPERTYRIGHTS AND TRANSACTIONS
ACTIONSFOR RECOVERY OF REAL PROPERTY
105.005 Rightof action; recovery; damages
105.010 Contentsof complaint
105.015 Answer
105.020 Substitutionof landlord for tenant
105.025 Verdict
105.030 Damagesfor withholding; setoff for improvements
105.035 Judgmentwhen plaintiff’s right to possession expires
105.040 Orderto make survey
105.045 Actionnot prejudiced by alienation by person in possession
105.050 Cotenantshall prove ouster
105.055 Conclusivenessof judgment
105.060 Effectof new trial on plaintiff’s possession
105.070 Rightsof donee under Donation Law
105.075 Noticeto quit; action to recover possession not affected by forcible entry or wrongfuldetainer
105.080 Reimbursementof tenants in common obtaining possession; lien
FORCIBLEENTRY AND WRONGFUL DETAINER
105.105 Entryto be lawful and peaceable only
105.110 Actionfor forcible entry or wrongful detainer
105.111 Stayof eviction for state service member
105.112 Actionby tenant to recover personal property; forms
105.113 Formof summons
105.115 Causesof unlawful holding by force; action for return of possession
105.117 Occupancyby employee of resident of dwelling unit
105.120 Noticenecessary to maintain action in certain cases; waiver of notice; effect ofadvance payments of rent
105.121 Formsin action for possession of group recovery home; limitation on issues; attorneyfees
105.123 Complaint
105.124 Formof complaint if ORS chapter 90 applies
105.126 Formof complaint if ORS chapter 90 does not apply
105.128 Landlordaction to remove perpetrator of domestic violence, sexual assault or stalkingfrom possession of dwelling unit; retention of possession by victim
105.130 Howaction conducted; fees; surcharge
105.132 Assertionof counterclaim
105.135 Serviceand return of summons; posting; contents; use of facsimile
105.137 Effectof failure of party to appear; attorney fees; judgment of dismissal; schedulingof trial; unrepresented defendant
105.138 Compellingarbitration; procedure
105.139 Burdenof proof in certain cases
105.140 Continuance
105.145 Judgmenton trial by court; duties of parties to stipulated agreement
105.146 Failureof defendant to perform as ordered; judgment of restitution
105.148 Contestingplaintiff’s affidavit or declaration of noncompliance; ex parte review ofhearing request; delaying execution upon judgment of restitution
105.149 Hearingon compliance with order
105.151 Enforcementof judgment of restitution; notice of restitution
105.152 Formof notice of restitution for judgment entered under ORS 105.146
105.153 Formof notice of restitution for judgment not entered under ORS 105.146
105.156 Formof writ of execution for judgment of restitution
105.157 Formof eviction trespass notice
105.158 Serviceof notice of restitution
105.159 Computationof time before plaintiff may request writ of execution
105.161 Serviceand enforcement of writ of execution and eviction trespass notice
105.165 Alternativemethod of removing, storing and disposing of tenant’s personal property;requirements; landlord liability
105.168 Minoras party in proceedings pertaining to residential dwellings
EASEMENTOWNER OBLIGATIONS
105.170 Definitionsfor ORS 105.170 to 105.185
105.175 Easementto be kept in repair; sharing costs; agreements
105.180 Actionfor failure to comply with duty of holder; recovery of costs; arbitration
105.185 Applicationof ORS 105.170 to 105.185
MODIFICATIONOF LEASE TERMS
105.190 Covenantof good faith and fair dealing; rights and obligations of parties
PARTITION
105.205 Whomay maintain partition
105.210 Whenand how partition prevented
105.215 Complaint
105.220 Tenantsand lien creditors as defendants; liens on undivided interests
105.225 Summons;to whom directed
105.230 Serviceby publication
105.235 Answer
105.240 Rightsdeterminable; ascertainment of title where defendant defaults or sale isnecessary
105.245 Saleor partition ordered by court
105.250 Compensationwhen equal partition cannot be made
105.255 Howreferees make partition; report
105.260 Powerof court over report; final judgment
105.265 Personsnot affected by judgment
105.270 Orderof sale on referees’ report
105.275 Conclusivenessof order confirming report
105.280 Howsale made; notice of sale
105.285 Distributionof proceeds of sale
105.290 Distributionof proceeds by referee or payment into court
105.295 Continuanceof suit after proceeds paid into court
105.300 Whenlienholder has other securities
105.305 Creditallowed
105.310 Settingoff estate for life or years in part not sold
105.315 Dispositionof life estate or leasehold
105.320 Compensationof tenants in case of sale
105.325 Whencourt determines value of tenancy
105.330 Rulesfor determining value of certain estates
105.335 Protectionof unknown tenants
105.340 Provisionfor future rights or interests
105.345 Noticeof terms of sale; separate sale of distinct parcels
105.350 Purchaseby referee, conservator or guardian forbidden
105.355 Reportof sale
105.360 Exceptionto report; confirmation of sale; order of confirmation
105.365 Purchaseby encumbrancer or party entitled to share
105.370 Investmentof proceeds for certain parties
105.375 Inwhose name securities taken or investments made
105.380 Whensecurities are payable to parties
105.385 Clerk’streatment of securities and investments
105.390 Whenproceeds paid to conservator or guardian of infant
105.395 Paymentof proceeds to conservator of incapacitated person
105.400 Whenconservator or guardian may consent to partition