How Does My Mother Have Someone Removed From Property She Sold Over 25 Years Ago?

Full question:

My Mom owned 10 acres of land and sold 5 of those to a friend. Over 25 years have passed and the friend has never been back to the land, never paid the taxes and never contacted my mom. How does my mom get her off of the property that they have been dwelling on for over 25 years? Is there a squatters law?

• Category: Real Property
• Subcategory: Adverse Possession
• Date: 04/07/2025
• State: Oregon

Answer:

Adverse possession is a means by which someone may acquire title to the
land of another through certain acts over a defined period of time. Such acts
must continue uninterrupted for the time period defined by state laws, which
vary by state. In general, the acts of possession must be overt, hostile,
exclusive, uninterrupted, and under a claim of right, etc., so as to give the
owner or others claiming entitlement to possession notice and an
opportunity to counter the adverse possession.

Payment of real property taxes and making improvements (such as paving
or fencing) for the statutory period, which varies by state, are evidence of
adverse possession but cannot be used by a claimant with no claim to title
other than possession. Those who seek to dispute a claim of adverse
possession may bring an action to quiet title.

Claims of adverse possession are often hotly contested. State statutes
govern the requirements for an adverse possession claim. There are often
several statutes which may apply, depending on the type of land, i,e,
private, public, forest lands, as well as statutes defining exceptions, so local
laws need to be consulted for applicable requirements in your area.

Oregon Law

To establish ownership by adverse possession under the common law, a
party must show clear and convincing proof of actual, open, notorious,
exclusive, continuous, and hostile possession of the property for a ten-year
period. Davis v. Parke, 135 Or App 283, 286, 898 P2d 804, rev den, 321 Or
560 (1995). To establish ownership by adverse possession under ORS
105.620, a party must prove the common-law elements and also that the
possession was taken under an honest belief that the person was the owner
of the property, that that belief continued throughout the vesting period, and
that the belief had an objectively reasonable basis. The party seeking to
quiet title under ORS 105.620 must prove each of those elements by clear
and convincing evidence. ORS 105.620(1)(c). Clear and convincing evidence
means evidence that makes a fact in issue "highly probable." Riley Hill
General Contractor, Inc. v. Tandy Corp., 303 Or 390, 402, 737 P2d 595
(1987).

ORS 105.620 applies only to those adverse possession claims that are filed
and interests that vest after January 1, 1990. Or Laws 1991, ch 109, § 3;
Markovich v. Chambers, 122 Or App 503, 506, 857 P2d 906 (1993). It is
unclear from the record when plaintiffs contend that their interest in the
disputed strip vested. However, as they pertain to this case, the elements of
adverse possession are identical under ORS 105.620 and the common law.