Statute of Limitations for Trespass to Real Property in Oregon

Overview

Run this scenario in DocketMath using the Statute Of Limitations calculator.

In Oregon, the statute of limitations for trespass to real property is generally 2 years under ORS 12.110(1).

Trespass to real property typically means an unauthorized physical entry onto land (or a continuation of an unauthorized intrusion). In many situations, the clock runs from when the trespass begins, but Oregon timing can be affected by the way the claim is framed (for example, whether the intrusion is treated as continuing) and by certain legal exceptions.

From a DocketMath workflow perspective, you’re usually trying to answer two practical questions:

• When did the unauthorized entry (or continuation) occur?
• Is there an exception (or tolling concept) that could change the deadline?

Use DocketMath’s Statute of Limitations calculator to estimate a likely filing deadline once you identify the relevant dates (for example, the date of entry, the last day of intrusion, or the date you discovered relevant facts—depending on how your situation fits Oregon’s rules).

Limitation period

Oregon’s general limitations rule for injury to person or rights brought in circuit court is typically 2 years. For trespass claims, Oregon commonly points you to ORS 12.110(1) as the two-year limitations baseline for many tort-style actions involving interference with legal rights, including property interests.

Practical way to pick dates (for estimation)

When you use the DocketMath statute-of-limitations calculator, the output changes based on the input date(s). For trespass to real property, the most common date choices are:

• Date of first entry: Often used when the unauthorized presence is best described as a one-time intrusion.
• Last date of unauthorized presence/continuation: Often used when someone remained on the property without permission, unlawfully used the land for a period of time, or maintained access unlawfully.
• Discovery date: Used in some legal contexts, but trespass limitations often depend more on the event/intrusion timeline than discovery alone. If discovery timing matters in your fact pattern, the analysis may be more nuanced than a simple “discovery + 2 years.”

How the DocketMath calculator changes the deadline

In DocketMath’s statute-of-limitations calculator, you typically provide an Oregon claim category and an event date (or the end of intrusion date if you’re treating the conduct as continuing). DocketMath then applies the selected limitations period to generate an estimated latest filing date.

Because trespass can look either like a single act or a continuing intrusion, changing the event date you enter can shift the output significantly.

Example scenarios (illustrative)

Key exceptions

While ORS 12.110(1) (2 years) is a common starting point, the real “latest file” date can shift due to exceptions and timing doctrines. Below are the main practical categories to evaluate in Oregon without assuming they apply automatically.

1) Tolling based on legal disability

Oregon law includes tolling rules for certain plaintiffs under statutes including ORS 12.160 through ORS 12.220 (the specific subsection matters). If a plaintiff qualifies under a recognized “legal disability,” the filing deadline can be extended.

How this affects DocketMath inputs:
If an exception applies, you may not rely on a simple “event date + 2 years” baseline. A practical approach is to use DocketMath to generate the baseline deadline, then apply the tolling/extension rule methodically based on the qualifying facts.

2) Government-related time rules

Claims involving governmental entities can trigger additional timing requirements (for example, separate notice-like obligations or deadlines) that operate alongside—or sometimes earlier than—the general tort limitations period.

How this affects DocketMath inputs:
Even if the general rule points to ORS 12.110(1), you may need to treat the “real” deadline as an earlier threshold deadline under a different statute, rather than only the baseline tort limitations date.

3) Continuing trespass vs. single act

Timing often depends on whether the trespass is treated as:

• a single completed act (frequently measured from the first entry), or
• a continuing intrusion (frequently estimated from the last day of unauthorized presence).

How this affects DocketMath inputs:
Try both approaches (first entry date and last intrusion date) when continuity is disputed. DocketMath helps you see how sensitive the deadline is to the date you choose.

Statute citation

A common Oregon limitations baseline for trespass-to-real-property timing is ORS 12.110(1) (2 years).

• ORS 12.110(1) generally provides a two-year limitations period for many actions involving injury to rights and related tort-based claims.
• Trespass claims are often analyzed under this framework because they are tied to unauthorized interference with property interests.

If your situation involves a recognized exception (for example, tolling due to legal disability or special timing rules involving certain defendants), you may need additional Oregon statutes to determine the actual “latest file” date beyond the baseline.

Use the calculator

Start with the DocketMath Statute of Limitations calculator: /tools/statute-of-limitations.

DocketMath converts a statute’s limitations period into a concrete estimated filing deadline based on dates you enter. To estimate Oregon trespass to real property:

1. Open /tools/statute-of-limitations.
2. Choose the claim category that best matches trespass to real property in the tool.
3. Enter the most defensible event date:

   • First entry if the intrusion is best described as one-time, or
   • Last date of unauthorized intrusion if the conduct is best described as continuing.
4. Review the estimated latest filing date shown by the tool.
5. If the “continuing vs. single act” characterization is unclear, run two estimates:

   • one using the first entry date, and
   • one using the last intrusion date.
6. Compare results:

   • Use the earlier deadline for the most conservative planning (risk-reducing if the court finds the intrusion was not continuing),
   • and treat the later deadline as potentially available only if the facts support the later date choice.

Inputs that most affect the output

• Event date selection (first entry vs. last intrusion): can move the deadline by the length of the unauthorized period.
• Date accuracy/format: a one-day difference can matter if you are near the boundary.
• Case type/category selection: ensures the tool uses the right Oregon rule.

After you get the output

Use DocketMath’s result as a deadline estimation tool, not a substitute for a full legal timing analysis. If the deadline feels tight, consider using the earlier (more conservative) estimate for planning purposes—especially given the possibility that courts could characterize the trespass timeline differently.

Sources and references

Start with the primary authority for Oregon and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

• Or. Rev. Stat. § 12.010

Related reading

• Choosing the right statute of limitations tool for Vermont — Tool comparison
• Statute of limitations in Singapore: how to estimate the deadline — How-to guide
• Choosing the right statute of limitations tool for Connecticut — Tool comparison