Oregon real property law governs the ownership of land rather than personal property. The associated rights and obligations of real property have their origins in the common law of Medieval England. They can therefore be difficult to interpret under a modern legal system.
Some aspects of Oregon property law will specifically affect business owners. Environmental laws determine how you dispose of the waste that your business creates and zoning laws regulate the type of business you can run on your property.
Keep the following points in mind when you speak with an attorney who is familiar with Oregon real estate laws:
1. Property is not a tangible object in the strict legal sense. Rather, it is a collection of rights that are protected by Oregon property laws. These rights include not only ownership but the right of use.
2. A person that possesses land is entitled to protect his ownership against anyone who is unable to demonstrate a superior claim.
3. A consensual transaction such as a sale or a gift is the most common way of obtaining an interest in property. However, ownership may change without the property owner’s consent, as in the case of bankruptcy or some other court judgment.
Action Steps
The best contacts and resources to help you get it done
Obtain insurance from an agent familiar with Oregon real property laws
The property laws in your state will affect the insurance that your particular business needs. Specific types of property insurance include protection from property damage, public liability and rent interruption.
I recommend: Nationwide has agents throughout the country and its website offers an agent search capability by name or location. Create your own checklist of types of coverage your business will need at
Smart Business, which gives the steps to take and types of coverage to consider when obtaining property insurance.
Find a tax lawyer who is familiar with Oregon real estate law
Taxes generally are higher on business property than residential property and most businesses will require the services of an Oregon real estate lawyer. This will ensure you pay your taxes on time and receive any deductions that you are allowed.
I recommend: Select your city at
AttorneyLocate.com and then select real estate as the practice area.
Lawyers.findlaw.com locates real estate attorneys in Oregon that you can select by city.
Hire an attorney who practices real estate law in Oregon to handle real estate transactions
A business owner should have a real estate attorney's assistance in drawing up a contract when buying, selling or renting property. Your attorney can ensure that the contract protects your interests and is legally enforceable.
I recommend: Salem-based
Conrad E. Yunker practices real estate law with specific expertise in construction. Portland-based
Larkins and Vacura specializes in banking, business and real estate litigation.
Tips & Tactics
Helpful advice for making the most of this Guide
- Select a lawyer who specializes in Oregon real property law and is familiar with your particular industry. For example, if you operate an agricultural business, your real estate lawyer should know about real property law in Oregon that pertains to farming.
The official source of Oregon Real Property Law is
the Oregon Real Property Law page at Business.com
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