Glenn v. Glenn

Pursuant ORS 105.615, title vests in a cotenant when the cotenant has maintained continuous adverse possession of a property for 20 years and has satisfied all property taxes accrued against the property during that time.

Aszemar Glenn filed a partition action pursuant ORS 105.205 and sought to force the sale of a family home. Thomas Glenn, a cotenant, answered and asserted fee simple ownership by adverse possession under ORS 105.615 because he had been in possession of, and paid taxes on, the home for over 20 years. The trial court found that Thomas Glenn failed to establish adverse possession and granted the partition. On appeal, Thomas Glenn argued that the trial court erred by ruling that ORS 105.615 was not a self-executing statute and that title did not vest by operation of law at the time Thomas Glenn met the statutory requirements. Pursuant ORS 105.615, title vests in a cotenant when the cotenant has maintained continuous adverse possession of a property for 20 years and has satisfied all property taxes accrued against the property during that time. The Court reversed and held that title had vested in Thomas Glenn by operation of law because Thomas Glenn had continuously occupied the property for over 20 years to the exclusion of any other cotenants and paid all property taxes that accrued over the period of his possession. Because title had vested in Thomas Glenn, Aszemar Glenn was not entitled to partition. Reversed.