Quick answer

If someone is squatting on your Oregon property before it is sold, you generally cannot forcibly remove them yourself. The usual legal path is a court removal through Oregon’s forcible entry and detainer (eviction/unlawful detainer) process or, in some circumstances, criminal trespass enforcement by police. Which path applies depends on whether the occupant has any lawful right to be there (for example, a signed lease, a permissive arrangement, or a claim of ownership).

Detailed answer — how removal works under Oregon law

1. Identify the occupant’s legal status

Before taking action, determine whether the person is a:

• Permitted occupant or tenant (signed lease, verbal permission, or rent paid).
• Unauthorized squatter (no permission or legal claim).
• Person asserting some ownership or adverse possession claim.

The remedies differ sharply depending on status. If the occupant is a tenant (even an informal one), landlord–tenant rules (ORS chapter 90) may apply. If the occupant is unauthorized, the forcible entry and detainer process in ORS chapter 105 or criminal trespass laws in ORS chapter 164 are usually the correct routes.

Useful statute chapters: ORS Chapter 90 — Residential Landlord and Tenant, ORS Chapter 105 — Forcible Entry and Detainer, ORS Chapter 164 — Crimes Against Property (including trespass).

2. If the occupant is clearly a trespasser (unauthorized)

– Call local law enforcement immediately if the situation involves threat, violence, or an immediate criminal act. Police can sometimes remove individuals if criminal trespass is established. See ORS chapter 164 for trespass offenses.

– If police decline to remove because the situation is civil (common), do not attempt violent or forcible self-help (such as physically evicting them, cutting locks, or removing personal property). Oregon law generally requires owners to use the court eviction process rather than self-help.

3. Civil removal — forcible entry and detainer / unlawful detainer (court eviction)

The common civil remedy is filing a forcible entry and detainer action in the county circuit court where the property is located. The typical steps:

1. File a complaint for forcible entry and detainer in county circuit court (court clerk can provide local forms and filing fee info).
2. Serve the occupant with the summons and complaint according to court rules.
3. Attend the court hearing. If the court rules for the owner, the court will enter judgment and issue a writ of execution or writ of possession.
4. The sheriff or marshal executes the writ and physically removes the occupant and their belongings if they do not leave voluntarily.

ORS chapter 105 contains the statutory process for obtaining possession through the courts: https://www.oregonlegislature.gov/bills_laws/ors/ors105.html. The county circuit court and sheriff enforce the writ.

4. Timing and costs

Eviction timelines vary by county and facts. Expect at minimum a few weeks from filing to potential sheriff lockout — often longer. Costs include court filing fees, possible attorney fees, sheriff service fees, and potential storage/disposal costs for property removed. If the occupant fights the case, hearings and appeals can extend the timeline.

5. If the property is under contract or in escrow

Who is responsible for removal depends on the purchase contract terms. Sellers typically must deliver possession at closing unless the contract states otherwise. Buyers should include clear provisions in purchase agreements: seller delivers vacancy at closing, seller pays for any evictions before closing, escrow holdbacks for known occupancy issues, or the right to terminate if possession cannot be delivered. If the buyer takes title while the squatter remains, the buyer will usually be the party that must pursue eviction.

6. Criminal trespass vs civil eviction — when each applies

– Criminal trespass (see ORS chapter 164) may apply when a person knowingly enters or remains on property after being notified to leave or when they commit breaking and entering. For criminal remedies, contact police; the state (not the owner) prosecutes criminal trespass.

– Civil eviction is the private legal process to regain possession. Even if criminal charges are filed, a civil eviction is usually still needed to regain possession.

7. Adverse possession claims

Some occupants may assert they have a legal ownership claim through adverse possession. Adverse possession claims in Oregon require meeting statutory elements (open, notorious, exclusive, hostile, and continuous possession for the statutory period) and are often complex. If faced with such a claim, consult an attorney promptly because the process and defenses involve detailed factual and legal analysis.

8. Practical steps you can take now

1. Gather proof of ownership: deed, property tax records, title, and any sale or escrow documents.
2. Document the occupant: photos, notes about when they arrived, whether they pay rent, and any communications.
3. Try a peaceful, documented request to vacate (written notice) — but do not use force.
4. If immediate danger exists, call 911.
5. Contact the county sheriff about their policies for trespassers and enforcement.
6. Consult a local attorney experienced in real property and eviction law to evaluate the fastest, safest route.

Helpful Hints

• Do not use self-help eviction techniques such as changing locks, shutting off utilities, or removing belongings — these actions can expose you to civil liability in Oregon.
• Keep everything in writing: delivery requests, notices to vacate, and communications. Save photos and videos that show occupancy status and condition.
• If you are buying or selling, add contract language about possession at closing, escrow holdbacks, and remedies for unauthorized occupants.
• Contact the county circuit court clerk for local filing procedures and forms for forcible entry and detainer actions. Circuit court information: State and local court resources or the Oregon Judicial Department website for local court contacts: https://www.courts.oregon.gov/.
• If the occupant appears to be claiming ownership or adverse possession, get legal help immediately — those claims can be time-sensitive and fact-specific.
• Keep neighbors and witnesses’ contact info — they can help document when the squatter appeared and how they behaved.

When to hire an attorney

Hire an attorney if:

• The occupant claims tenancy, ownership, or adverse possession.
• There are signs of illegal activity, threats, or violence.
• You need to move quickly to close a sale and cannot deliver possession.
• You want help drafting contract protections for sale/closing.

An attorney can file the proper court papers, represent you in hearings, coordinate with the sheriff, and advise about possible recovery of costs and damages.