Is adverse possession legal in Clackamas Oregon?
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Is adverse possession legal in Clackamas Oregon?
Can a person take adverse possession of
abandoned foreclosed houses in Clackamas
Oregon?
Asked on November 28, 2017 under Real Estate Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfortunately, unlike many other states, your state (Oregon) requires that you had an honest, even if mistaken, belief that you owned the land: for example, you bought land and occupied the land you honestly thought you bought, but the boundaries were wrong. Oregon does NOT let you try to intentionally take land that you know you do not have a claim to or interest in. You had to have a reasonable belief, based on some set of facts (even if they turn out later to be wrong) that you were in fact the owner of the land. So in your state, you cannot take over abandoned foreclosed homes in this way, because you cannot have a reasonable belief (a belief the courts would support, based on what you knew or should have known) that you owned the foreclosed home.
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