Squatters are those enigmatic individuals who relocate into deserted or abandoned properties; they have long been a source of intrigue and mystery. Many people are curious about—and afraid of—how squatters occasionally become the legitimate owners of the land they have occupied.
There are several kinds of squatters’ rights in every state in the union, including Oregon. It is crucial to comprehend the particular laws that apply to you because the conditions for asserting these rights differ from state to state. The rights granted to squatters in Oregon differ from those in other states.
Even though it is renownedly difficult for a squatter to meet all the prerequisites needed to successfully file a formal claim to your property and alter its current legal status, it never hurts to be ready.
This article will discuss squatter rights in Oregon and describe the legal framework for adverse possession there.
What’s the Definition of a Squatter?
An individual or group of individuals who move into a house, building, or plot of land and occupy it permanently without the owner’s consent are known as squatters.
Through adverse possession, some squatters finally obtain legal title to the land.
After the squatter satisfies the prerequisites and makes their case in front of a New Jersey court, they can proceed with the process known as adverse possession, which grants them ownership of the land.
Who Is a Squatter?
Squatters are not the only people who enter or occupy a property without authorization. Tenants who have past due rent, for example, are not considered squatters. Instead, they are “holdover tenants,” or former occupants with no legal claim to the property.
In the same way, those who trespass are not squatters. Squatters genuinely occupy and reside on the vacant property, whereas criminal trespassers invade your private property without permission.
What Does Adverse Possession/Squatter Rights Entail?
Squatters’ rights, sometimes referred to as adverse possession, are broad legal doctrines that enable squatters to obtain ownership of a piece of land by extended possession, even in the absence of the owner’s consent.
Although squatters’ rights may appear archaic in the modern era, adverse occupancy laws were put in place to encourage land usage that is beneficial and discourage property neglect.
State and federal laws dictate certain prerequisites for claiming adverse occupancy, although there is no federal legislation about squatters’ rights. Instead, state laws serve as precedents for these rights.
Squatters’ Rights Law in Oregon
Squatter’s rights are not well known in Oregon, although anyone can get lawful possession of a property they occupy without permission according to the Adverse Possession Law. Adverse Possession Law claims can be difficult, time-consuming, and expensive.
However, the outcome may be a beneficial kind of ownership that outweighs its drawbacks. Thus, in Oregon, paying with cash might be quicker and more advantageous, but the Adverse Possession Law offers a compelling substitute that is worthwhile to take into account.
Oregon’s Rights as Squatters
What rights do squatters have in Oregon? When in Oregon can a squatter make an adverse possession claim?
In Oregon, a squatter has to fulfill several standards to successfully file a claim for adverse possession:
Ten years or more of continuous occupancy of the property is required (ORS § 105.620).
Certain states have laws requiring squatters to pay property taxes or to have “color of title,” which is an informal ownership of land without formal documentation. The only prerequisite for obtaining a color of title in Oregon for squatters through adverse possession is ten years of continuous occupation. Proof of paid property taxes or the color of the title can help a squatter’s case.
Also, squatters need to fulfill the following five prerequisites:
Adverse/Hostile Possession:
There must be no active lease or rental arrangement between the squatter and the owner.
Real Possession:
The squatter needs to have occupied the land for a predetermined period.
Unknown and Public Possession:
It is clear to neighbors and other people that the squatter has taken possession of the land. They are not attempting to live there “in secret” or cover their tracks.
Complete Ownership:
No one else has joint possession of the land with the squatter. They keep others from residing there in the same manner as the owner.
Constant Ownership:
According to Oregon law, the squatter must have continuous and undisturbed possession of the land for ten years.
Oregon Squatter Rights: Is It Possible For Police To Take Squatters Off Your Land?
If the property owner pursues the correct legal eviction procedure, then police have the authority to remove squatters from the area. When a property owner requests it, police officers typically cannot just kick out squatters.
Civil court procedures are utilized to resolve property disputes, with the police responsible for maintaining order and facilitating peaceful evictions. They might step in if any illegal actions are going on. Property owners file complaints under state and local legislation, and the police issue court orders, warrants, or notices to squatters.
Oregon Squatter Rights: When Is It OK for Police to Forcibly Remove Squatters?
As a landowner, you want to be able to evict unauthorized residents from your property as soon as possible. You would rather avoid drawn-out judicial eviction proceedings with law enforcement; nevertheless, only in limited circumstances can police forcibly evict squatters from a property without a court order.
Properties that have recently been vacated:
Police can remove squatters as criminal trespassers without granting them squatter’s rights if they move into a recently vacated property. Although the duration varies, it is typically 48–72 hours following vacancy.
Owner Consent:
The police may be able to evict the trespasser if the property owner presents proof, such as a No Trespassing order, proving they did not provide their consent for the squatter to remain there.
Repossessions:
Public nuisance regulations allow police to evict squatters from dangerously abandoned houses without following legal procedures.
Property Rentals:
Since the leaseholder still has the exclusive right to occupy the space, police have the authority to evict squatters who relocate into a rental property while it is still under a valid lease agreement with another renter.
Dangerous Conduct:
Without waiting for a formal eviction, police officers have the right to evict squatters who are involved in unlawful or dangerous activities, such as drug dealing, gang activity, or violence, right away.
Rights of Squatters in New Jersey:
In addition to fulfilling the extra conditions outlined by New Jersey’s adverse possession statutes, an individual must satisfy all five of the adverse possession factors listed above to establish squatter’s rights and acquire ownership of a property through adverse possession.
In New Jersey, an individual seeking adverse possession must:
- Fulfill each of the aforementioned five adverse possession criteria.
- Hold the property continuously for at least thirty years.
- Present documentation of the title’s color over the whole thirty years of ownership (the title’s color is described in the section that follows).
- The property must be paid all necessary state, county, and local taxes within five years of continuous occupancy.
A squatter now has the option to file a lawsuit through the New Jersey court system and make their adverse possession claim in front of a judge after fulfilling all of these prerequisites.
In summary of Oregon Squatter Rights:
When it comes to knowing the laws governing the ownership and possession of property, knowledge is power. It’s important to remember, though, that adverse possession laws often don’t apply.
Property neglect is rare, necessitating proactive measures to safeguard property rights, as squatters can remain unnoticed for extended periods.
