Oregon Real Estate Practice Test

In Oregon, what legal concept allows a person to claim ownership of property after occupying it for a certain period?

1. Adverse possession

2. Quiet title

3. Easement by prescription

4. Right of way

The correct answer is: Adverse possession

The legal concept that allows a person to claim ownership of property after occupying it for a certain period is known as adverse possession. This principle is rooted in the idea that ownership can be established through continuous and undisputed possession of the property, which meets specific legal criteria over a designated number of years. In Oregon, the requirements for adverse possession typically include open and notorious possession, exclusive possession, actual possession, and continuous possession for a set duration, which is usually ten years. If these conditions are met, the possessor can seek legal recognition of property ownership, effectively transferring title from the original owner who has not exercised their rights over the property during that time. The other options pertain to different legal concepts. Quiet title is a legal action aimed at resolving disputes regarding the ownership of property, rather than establishing ownership through possession. An easement by prescription allows a person to gain permanent access rights over another's property through long-term use, but it does not transfer ownership. A right of way refers to the legal right to pass through property owned by another, which again does not equate to ownership.