Real Property
Real Property tests estates and future interests, co-tenancy, landlord-tenant law under ORS chapter 90, easements, covenants, recording, and adverse possession. Oregon adds statutory recording and landlord-tenant rules to the common law.
Core rules
- Recording: Oregon uses a race-notice statute, ORS 93.640. A later purchaser wins only if it records first and takes without notice, including record, inquiry, and actual notice.
- Landlord-tenant: ORS 90.300 regulates security deposits; ORS 90.320 sets habitability duties; ORS 90.360 and 90.380 govern return of deposits and remedies.
- Easements may be express, implied, or by necessity; a license is revocable and not an interest in land.
- Adverse possession requires actual, open, notorious, exclusive, hostile, and continuous possession for the statutory period, plus compliance with ORS 105.620.
Worked example
A deeds Blackacre to B, who does not record. B deeds to C, who does not record. A then deeds to D, who has no actual notice, inspects the land, sees C farming, and records. C's possession is inquiry notice, so D is not a good-faith purchaser without notice. Under ORS 93.640, D loses despite recording first. Reasoning: record notice is not the only notice; visible possession triggers inquiry notice.
Traps
Do not rely on race alone; Oregon is race-notice. Do not treat a lease as an easement; do not ignore ORS chapter 90 notices and deposit deadlines; do not assume a deed is valid merely because it is recorded.