Oregon Revised Statutes Chapter 92 § 92.018 — Remedy

Remedy for purchase of unlawfully established unit of land; exceptions. (1) If a person buys a unit of land that is not a lawfully established unit of land, the person may bring an individual action against the seller in an appropriate court to recover damages or to obtain equitable relief. The court shall award reasonable attorney fees to the prevailing party in an action under this section. (2) If the seller of a unit of land that was not lawfully established is a county that acquired the unit of land by means of foreclosure under ORS chapter 312 of delinquent tax liens, the person who purchases the unit of land is not entitled to damages or equitable relief. (3) A purchaser is not entitled to damages or equitable relief against a seller under this section if: (a) The purchaser of the unit of land is a holder, as defined in ORS 271.715; (b) The unlawfully established unit of land was separately described in an instrument that was executed on or before January 1, 2025; and (c) The deed from the seller reflects an intention that the purchaser use or convey the property for conservation purposes, such as: (A) Retaining or protecting the land’s natural, scenic or open space values; (B) Ensuring the land’s availability for agricultural, forest, recreational or open space use; (C) Preserving the land’s historical, architectural, archaeological or cultural aspects; or (D) Protecting natural resources or maintaining or enhancing air or water quality. (4) A person acquiring an interest from a purchaser described in subsection (3) of this section or from someone subsequent in title to the purchaser is not entitled to damages or equitable relief under this section against: (a) The original seller under subsection (3) of this section; or (b) Any purchaser or subsequent purchaser under subsection (3) of this section, except for the seller under this subsection, if: (A) The acquisition of the property is not for conservation purposes described in subsection (3)(c) of this section; and (B) The first acquisition subject to subsection (3) of this section was less than five years prior to the acquisition under this subsection. [1983 c.718 §4; 1995 c.618 §53; 1997 c.805 §2; 2007 c.866 §5; 2025 c.51 §1]