Westwood Homeowners Ass'n v. Lane County

ORS 312.270(1) provides that “[w]hen a county acquires real property by foreclosure for delinquent taxes, the conveyance vests in the county title to the property, free from all liens and encumbrances.” The issue in this case is whether, under that statute, servitudes 1 that benefit and burden individual lots in a planned unit development 2 survive a tax foreclosure sale at which a county acquires title. We hold that they do survive.

Westwood Homeowners Association (the Association) manages the Westwood Planned Unit Development (Westwood PUD), which was established in March 1980. Every owner…