to be nuisances provided that no such ordinance or regulation shall

105.597 to be nuisances provided that no such ordinance or regulation shall affect real or personal property unless it is consistent with the provisions of ORS 105.550 to 105.600, 166.715 and 167.158. [1989 c.846 �11; 2015 c.136 �5]

SUITS TO QUIET TITLE AND REMOVE CLOUD

����� 105.605 Suits to determine adverse claims. Any person claiming an interest or estate in real property not in the actual possession of another may maintain a suit in equity against another who claims an adverse interest or estate therein for the purpose of determining such conflicting or adverse claims, interests or estates. Any municipal corporation or county of this state claiming any interest or estate in real property which is not in the actual possession of another, including real property acquired by foreclosure of delinquent tax liens situated in the same county, may maintain a suit in equity against all persons who claim an adverse interest or estate in all or any part of the property for the purpose of determining the conflicting or adverse claims, interests or estates. One or more parcels may be included in one suit and the issue made by the pleadings in any suit by a municipality or county relating only to a certain parcel or part of the real property, shall be separately tried and determined upon motion of any interested party.

����� 105.610 Suit to cancel patent of donee under Donation Law. Whenever any person claims real property as a donee of the United States by virtue of a settlement thereon under the Act of Congress approved September 27, 1850, commonly called the Donation Law, or the Acts amendatory thereto, and the patent for such property, or any portion thereof, was wrongfully issued to another, the person may maintain a suit in equity against the person to whom the patent was issued, or those claiming under the person, for the purpose of having the patent canceled, and the estate or interest of the plaintiff in the property ascertained and established. In such suit, the party entitled to and making the settlement under such Acts of Congress, and complying with the subsequent conditions thereby required, is deemed to have a legal estate in fee in the property although the patent therefor was issued to another.

����� 105.615 Action by tenant in common against cotenants. Unless otherwise agreed or provided in a granting document, a tenant in common of real property may acquire fee simple title to the real property by adverse possession as against all other cotenants if the tenant in common or the tenant in common�s predecessor in interest has been in possession of the real property, exclusive of all other cotenants, for an uninterrupted period of 20 years or more and has paid all taxes assessed against such property while in possession. Notice of the exclusive possession need not be given to the other cotenants by the cotenant in possession. [1969 c.350 �1; 1989 c.1069 �3]

����� 105.618 Adverse possession of railroad property. A person may not acquire by adverse possession, as defined in ORS 105.620, property owned by a railroad or used for a railroad operation. [2007 c.440 �1]

����� 105.620 Acquiring title by adverse possession. (1) A person may acquire fee simple title to real property by adverse possession only if:

����� (a) The person and the predecessors in interest of the person have maintained actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years;

����� (b) At the time the person claiming by adverse possession or the person�s predecessors in interest, first entered into possession of the property, the person entering into possession had the honest belief that the person was the actual owner of the property and that belief:

����� (A) By the person and the person�s predecessor in interest, continued throughout the vesting period;

����� (B) Had an objective basis; and

����� (C) Was reasonable under the particular circumstances; and

����� (c) The person proves each of the elements set out in this section by clear and convincing evidence.

����� (2)(a) A person maintains �hostile possession� of property if the possession is under claim of right or with color of title. �Color of title� means the adverse possessor claims under a written conveyance of the property or by operation of law from one claiming under a written conveyance.

����� (b) Absent additional supporting facts, the grazing of livestock is insufficient to satisfy the requirements of subsection (1)(a) of this section.

����� (3) As used in this section and ORS 105.005 and 105.615, �person� includes, but is not limited to, the state and its political subdivisions as created by statute. [1989 c.1069 �1; 1991 c.109 �2; 1999 c.950 �1]

UNIFORM DISCLAIMER OF PROPERTY INTERESTS

����� 105.623 Short title. ORS 105.623 to 105.649 may be cited as the Uniform Disclaimer of Property Interests Act. [2001 c.245 �1]

����� 105.624 Definitions for ORS 105.623 to 105.649. As used in ORS 105.623 to 105.649:

����� (1) �Disclaimant� means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.

����� (2) �Disclaimed interest� means the interest that would have passed to the disclaimant had the disclaimer not been made.

����� (3) �Disclaimer� means the refusal to accept an interest in property or a power over property.

����� (4) �Fiduciary� means a personal representative, trustee, agent acting under a power of attorney or other person authorized to act as a fiduciary with respect to the property of another person.

����� (5) �Jointly held property� means property held in the name of two or more persons under an arrangement pursuant to which:

����� (a) All holders have concurrent interests; and

����� (b) The last surviving holder is entitled to the whole of the property.

����� (6) �Person� means an individual, corporation, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, public corporation or any other legal or commercial entity.

����� (7) �State� means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaska Native village, recognized by federal law or formally acknowledged by another state.

����� (8) �Trust� means:

����� (a) A charitable or noncharitable express trust, including any additions made to the trust, whenever and however created; and

����� (b) A trust created pursuant to a statute or judgment that requires the trust to be administered in the same manner as an express trust. [2001 c.245 �2; 2003 c.576 �369; 2009 c.294 �15; 2021 c.97 �12]

����� 105.625 [1975 c.622 �8; repealed by 2001 c.245 �19]

����� 105.626 Scope. ORS 105.623 to 105.649 apply to disclaimers of any interest in or power over property without regard to when the interest or power that is disclaimed was created. [2001 c.245 �3]

����� 105.627 [1975 c.622 �1; 1981 c.56 �1; repealed by 2001 c.245 �19]

����� 105.628 Effect on other law. (1) Unless displaced by a provision of ORS 105.623 to 105.649, the principles of law and equity supplement ORS 105.623 to 105.649.

����� (2) ORS 105.623 to 105.649 do not limit any right of a person to waive, release, disclaim or renounce an interest in property, or power over property, under a law other than ORS 105.623 to 105.649. [2001 c.245 �4]

����� 105.629 Power to disclaim; general requirements; when irrevocable. (1) A person may disclaim, in whole or part, any interest in property or any power over property, including a power of appointment. A person may disclaim the interest or power even if the person who created the interest or power imposed a spendthrift provision or similar restriction on transfer or imposed a restriction or limitation on the right to disclaim.

����� (2) Except to the extent that a fiduciary�s right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in property or power over property, including a power of appointment, without regard to whether the fiduciary is acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if the creator of the interest or power imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.

����� (3) To be effective, a disclaimer must:

����� (a) Be in writing or otherwise recorded by inscription on a tangible medium or by storage in an electronic or other medium in a manner that allows the disclaimer to be retrieved in perceivable form;

����� (b) Declare that the person disclaims the interest in the property or in the power;

����� (c) Describe the interest in property or power over property that is disclaimed;

����� (d) Be signed by the person making the disclaimer; and

����� (e) Be delivered or filed in the manner provided in ORS 105.642.

����� (4) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power or as any other interest or estate in the property.

����� (5) A disclaimer is irrevocable when the disclaimer is delivered or filed pursuant to ORS