Oregon Statutes 105.005 – Right of action; recovery; damages
(1) Any person who has a legal estate in real property and a present right to the possession of the property, may recover possession of the property, with damages for withholding possession, by an action at law. The action shall be commenced against the person in the actual possession of the property at the time, or if the property is not in the actual possession of anyone, then against the person acting as the owner of the property.
Terms Used In Oregon Statutes 105.005
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) In an action brought under subsection (1) of this section or in a separate action for damages only, a person who, throughout the vesting period, used or occupied land of another with the honest and objectively reasonable belief that the person was the actual legal owner of the land shall not be liable for:
(a) Double or treble damages under ORS § 105.810 (1) to (3) or 105.815; or
(b) The value of the use or occupation of the land by the person throughout the vesting period. [Amended by 1989 c.1069 § 2; 1991 c.109 § 1; 1999 c.544 § 3]