Oregon Statutes

Chapter 93 - Conveyancing and Recording

• 93.010   Conveyances, how made.
  Conveyances of lands, or of any estate or interest therein, may be made by deed, signed by the person of lawful age from whom the...
• 93.020   Creating, transferring or declaring estates or interests in realty.
  (1) No estate or interest in real property, other than a lease for term not exceeding one year, nor any trust or power concerning such...
• 93.030   Contracts to convey, instruments of conveyance and related memoranda to state consideration.
  (1) As used in this section, “consideration” includes the amount of cash and the amount of any lien, mortgage, contract, indebtedness or other encumbrance existing...
• 93.040   Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property; liability of drafter and recorder.
  (1) The following statement shall be included in the body of an instrument transferring or contracting to transfer fee title to real property except for...
• 93.050   Gift or conveyance of life estate.
  A gift or conveyance of property under deed or other writing executed after June 30, 1993, to any person for the term of the life...
• 93.110   Quitclaim deed sufficient to pass estate.
  A deed of quitclaim and release, of the form in common use, is sufficient to pass all the estate which the grantor could lawfully convey...
• 93.120   Words of inheritance unnecessary to convey fee; conveyances deemed to convey all grantor’s estate.
  The term “heirs,” or other words of inheritance, is not necessary to create or convey an estate in fee simple. Any conveyance of real estate...
• 93.125   [2001 c.311 §3; repealed by 2002 s.s.1 c.6 §3]
• 93.130   Conveyance of land in adverse possession of another.
  No grant or conveyance of lands or interest therein is void for the reason that at the time of its execution the lands were in...
• 93.140   Implied covenants.
  No covenant shall be implied in any conveyance of real estate, whether it contains special covenants or not, except as provided by ORS 93.850 to...
• 93.150   Conveyance by tenant of greater estate than that possessed.
  A conveyance made by a tenant for life or years, purporting to grant a greater estate than the tenant possesses or could lawfully convey, does...
• 93.160   Conveyance by reversioners and remainderpersons to life tenant vests fee.
  When real property has been devised to a person for life, and in case of the death of the life tenant without leaving lawful issue...
• 93.170   [Repealed by 1969 c.591 §305]
• 93.180   Forms of tenancy in conveyance or devise to two or more persons.
  (1) A conveyance or devise of real property, or an interest in real property, that is made to two or more persons: (a) Creates a...
• 93.190   Trustees or personal representatives as joint tenants; filling vacancies in office.
  (1) Every conveyance, deed of trust, mortgage or devise of an interest in or lien upon real or personal property to two or more persons...
• 93.200   Trustees or executors now hold as joint tenants.
  All trustees or executors holding real or personal property in trust on May 19, 1905, hold as joint tenants and not as tenants in common...
• 93.210   Presumption respecting deed from trustee of undisclosed beneficiary.
  If a deed to real estate has been made to a grantee in trust or designating the grantee as trustee, and no beneficiary is indicated...
• 93.220   Release, limitation or restriction of power of appointment.
  (1) Any person to whom there has been granted or reserved any power of appointment or other power by which the person may elect to...
• 93.230   Copy of Department of State Lands deed or patent given when original lost.
  (1) If parties to whom deeds have been issued by the Department of State Lands have lost such deeds before they were placed on record...
• 93.240   Rights to deferred installments of purchase price where two or more persons join as sellers of real property.
  (1) Subject to the provisions contained in this section, whenever two or more persons join as sellers in the execution of a contract of sale...
• 93.250   Effect of conveyance creating fee simple conditional or fee tail.
  Every conveyance or devise of lands, or interest therein, made subsequent to September 9, 1971, using language appropriate to create a fee simple conditional or...
• 93.260   Tax statement information required in conveyancing instrument.
  (1) All instruments prepared for the purpose of conveying or contracting to convey fee title to any real estate shall contain on the face of...
• 93.265   Notice to real property manager of certain actions; procedures; effect on title.
  (1) A real estate property manager, as defined in ORS 696.010, may request notice of any pending action, claim, lien or proceeding relating to a...
• 93.268   Notice to Department of Human Services of transfer or encumbrance of real property by title insurance company; rules.
  (1) A title insurance company or agent that discovers the presence of a request for notice of transfer or encumbrance pursuant to ORS 411.694 in...
• 93.270   Certain discriminatory restrictions in conveyancing instruments prohibited; restriction on right of action.
  (1) A person conveying or contracting to convey fee title to real property may not include in an instrument for such purpose a provision: (a)...
• 93.272   Procedure for removal of certain discriminatory restrictions.
  (1) Any owner of record of real property that is subject to an instrument conveying or contracting to convey fee title to the property that...
• 93.273   [1989 c.523 §2; renumbered 93.275 (3) in 1993]
• 93.275   Incidents not material facts to real property transaction; legislative findings.
  (1) The following are among incidents that are not material facts to a real property transaction: (a) The fact or suspicion that the real property...
• 93.280   Manner of conveyance to create joint property rights.
  (1) Any person or persons owning real property which the person or persons have power to convey may convey such property by a conveyance naming...
• 93.290   Risk of loss after contract to sell realty has been executed.
  Any contract made on or after August 3, 1955, in this state for the purchase and sale of realty shall be interpreted as including an...
• 93.295   Construction of ORS 93.290 to 93.300.
  ORS 93.290 to 93.300 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which...
• 93.300   Short title.
  ORS 93.290 to 93.300 may be cited as the Uniform Vendor and Purchaser Risk Act. [1955 c.144 §3] DESCRIPTIONS, INCLUDING THE OREGON COORDINATE SYSTEM
• 93.310   Rules for construing description of real property.
  The following are the rules for construing the descriptive part of a conveyance of real property, when the construction is doubtful, and there are no...
• 93.320   Oregon Coordinate System; zones.
  (1) The systems of plane coordinates which have been established by the National Geodetic Survey of the National Ocean Service, formerly the United States Coast...
• 93.330   Definition.
  (1) For more precisely defining the Oregon coordinate systems, the following definitions by the National Geodetic Survey of the National Ocean Service are adopted: (a)...
• 93.340   [Repealed by 1985 c.202 §7]
• 93.350   Plane coordinates.
  The plane coordinates of a point on the earth’s surface, used in expressing the position of such point, shall consist of two distances, expressed in...
• 93.360   Coordinates excluded from recordation.
  No coordinates based on the Oregon Coordinate System, purporting to define the position of a point on a land boundary, shall be presented to be...
• 93.370   Description as supplemental.
  Distances, angles and areas derived by the use of the Oregon Coordinate System in compliance with the standards described in ORS 93.360 may be used...
• 93.380   Purchaser or mortgagee not required to rely on description.
  Nothing contained in ORS 93.320 to 93.370 requires any purchaser or mortgagee to rely on a description, any part of which consists only of coordinates....
• 93.410   Execution and acknowledgment of deeds.
  Except as otherwise provided by law, deeds executed within this state, of lands or any interest in lands therein, shall be signed by the grantors...
• 93.415   [Repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 93.415)]
• 93.420   Execution of deed where personal representative, guardian or conservator is unable or refuses to act.
  If any person is entitled to a deed from a personal representative, guardian or conservator who has died or resigned, has been discharged, disqualified or...
• 93.430   [Repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 93.430)]
• 93.440   Proof of execution by subscribing witness.
  Proof of the execution of any conveyance may be made before any officer authorized to take acknowledgments of deeds, and shall be made by a...
• 93.450   Proof where witnesses are dead or absent.
  When any grantor is dead, out of this state, or refuses to acknowledge the deed, and all the subscribing witnesses to the deed are also...
• 93.460   Subpoena to compel witness to testify to execution of deed.
  Upon the application of any grantee, or any person claiming under the grantee, verified by the oath of the applicant setting forth that the grantor...
• 93.470   Indorsement of certificate of proof.
  Every officer who takes the proof of any conveyance shall indorse a certificate thereof, signed by the officer, on the conveyance. In the certificate the...
• 93.480   Deed acknowledged or proved as evidence; recordability.
  Every conveyance acknowledged, proved or certified in the manner prescribed by law by any of the authorized officers may be read in evidence without further...
• 93.490   [Repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 93.490)]
• 93.500   [Repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 93.500)]
• 93.510   [Repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 93.510)]
• 93.520   [Repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 93.520)]
• 93.530   Execution, acknowledgment and recordation of assignments of sheriffs’ certificates of sale.
  All assignments of sheriffs’ certificates of sale of real property on execution or mortgage foreclosure shall be executed and acknowledged and recorded in the same...
• 93.600   Description of real property for purposes of recordation.
  Unless otherwise prescribed by law, real property shall be described for recordation by giving the subdivision according to the United States survey when coincident with...
• 93.610   Separate books for recording deeds and mortgages; consolidated index.
  (1) Separate books shall be provided by the county clerk in each county for the recording of deeds and mortgages. In one book all deeds...
• 93.620   Time and place of recording; certification.
  The county clerk shall certify upon every instrument recorded by the county clerk the time when it was recorded and a reference to where it...
• 93.630   Index to record of deeds, mortgages and other real property interests.
  The county clerk shall also keep a proper direct index and a proper indirect index to the record of deeds, mortgages and all other real...
• 93.635   Acknowledgment and recording of instruments contracting to convey fee title.
  (1) All instruments contracting to convey fee title to any real property, at a time more than 12 months from the date that the instrument...
• 93.640   Unrecorded instrument affecting title or unrecorded assignment of sheriff’s certificate of sale void as to subsequent purchaser.
  (1) Every conveyance, deed, land sale contract, assignment of all or any portion of a seller’s or purchaser’s interest in a land sale contract or...
• 93.643   Method of giving constructive notice of interest in real property; electronic lien records.
  (1) To give constructive notice of an interest in real property, a person must have documentation of the interest recorded in the indices maintained under...
• 93.645   Priority of purchaser; extinguishing judgment lien; right of judgment creditor; “judgment” defined.
  (1) The interest of the purchaser, the heirs and assigns of the purchaser, under a contract for the purchase and sale of realty, if such...
• 93.650   Effect of record or certified transcript in evidence.
  The record of a conveyance duly recorded, or a transcript thereof certified by the county clerk in whose office it is recorded may be read...
• 93.660   Effect of abstract of title as evidence.
  Any abstract of title to real property in this state certified by any person regularly engaged in this state in the business of preparing and...
• 93.670   Power of attorney and executory contract for sale or purchase of lands; recordability; effect as evidence; revocation.
  (1) Every letter of attorney, or other instrument containing a power to convey lands, as agent or attorney for the owner of such lands, and...
• 93.680   Patents, judgments and official grants; recordability; evidence.
  (1) The following are entitled to be recorded in the record of deeds of the county in which the lands lie, in like manner and...
• 93.690   Recording of instruments evidencing passage of title to land from United States to State of Oregon.
  (1) The Director of the Department of State Lands shall forward all patents and clear lists of land and other documents evidencing that title to...
• 93.710   Instruments or memoranda creating certain interests in realty; contents; reforestation order; effect of recording.
  (1) Any instrument creating a license, easement, profit a prendre, or a leasehold interest or oil, gas or other mineral interest or estate in real...
• 93.720   [Amended by 1985 c.540 §28; repealed by 1987 c.586 §49]
• 93.730   Recordation of judgment in other counties.
  A certified copy of any judgment or order of confirmation affecting lands in this state made in any action may be recorded in the records...
• 93.740   Notice of lis pendens; contents; recordation; effect; discharge.
  (1) In all suits in which the title to or any interest in or lien upon real property is involved, affected or brought in question,...
• 93.750   [Repealed by 1991 c.230 §35]
• 93.760   Recordability of documents, orders and decrees of the United States District Court.
  Copies of documents, orders and decrees in proceedings in the District Court of the United States for the District of Oregon, which have been certified...
• 93.770   Recordability of notices of bankruptcy and petitions, orders and judgments from bankruptcy cases.
  (1) A debtor or a trustee in bankruptcy, or the attorney representing either, may present a notice of bankruptcy for recordation in the deed records...
• 93.780   Place of recording of instrument containing clauses of a mortgage or trust deed; county clerk to do recording; “Master Form.”
  An instrument containing a form or forms of covenants, conditions, obligations, powers and other clauses of a mortgage or a trust deed may be recorded...
• 93.790   Effect of recording master form instrument; effect of incorporation by reference in mortgage or trust deed; effect of deviation.
  (1) After the master form instrument is recorded pursuant to ORS 93.780, any provisions of such instrument may be incorporated by reference in any mortgage...
• 93.800   Matter not to be recorded when accompanying mortgage or trust deed; liability for nonrecording.
  (1) No county clerk shall record matter accompanying a mortgage or trust deed presented for recording if such matter: (a) Purports to be copied or...
• 93.802   Recording of short form mortgage or short form trust deed.
  (1) After a master form instrument is recorded in a county under ORS 93.780 and 93.790, an instrument entitled “Short Form Mortgage” or “Short Form...
• 93.804   Requirement for original signatures for recording; recordation of certified copies.
  (1) Except as provided in subsection (2) of this section, when any instrument presented for recording conveys an interest in real property and is required...
• 93.806   Recordation of instrument creating certain liens.
  (1) Any instrument creating a lien on unpaid rents and profits of real property within this state, by assignment, mortgage, pledge or otherwise, or memorandum...
• 93.808   Approval of governmental unit required to record certain instruments.
  An instrument conveying title or interest to the State of Oregon or to a county, city or other political subdivision in this state may not...
• 93.810   Validating and curative Acts.
  The following are subjects of validating or curative Acts applicable to this chapter: (1) Evidentiary effect and recordation of conveyances before 1854. (2) Evidentiary effect...
• 93.850   Warranty deed form; effect.
  (1) Warranty deeds may be in the following form: ______________________________________________________________________________ _____, Grantor, conveys and warrants to _____, Grantee, the following described real property free of...
• 93.855   Special warranty deed form; effect.
  (1) Special warranty deeds may be in the following form: ______________________________________________________________________________ _____, Grantor, conveys and specially warrants to _____, Grantee, the following described real property...
• 93.860   Bargain and sale deed form; effect.
  (1) Bargain and sale deeds may be in the following form: ______________________________________________________________________________ _____, Grantor, conveys to _____, Grantee, the following described real property: (Describe the...
• 93.865   Quitclaim deed form; effect.
  (1) Quitclaim deeds may be in the following form: ______________________________________________________________________________ _____, Grantor, releases and quitclaims to_____, Grantee, all right, title and interest in and to...
• 93.870   Statutory deed forms optional.
  The form of deeds set forth in ORS 93.850 to 93.865 are permissive and not mandatory. Other forms of deeds may be used for the...
• 93.905   Definitions for ORS 93.905 to 93.940.
  As used in ORS 93.905 to 93.940, unless the context requires otherwise: (1) “Contract for transfer or conveyance of an interest in real property” shall...
• 93.910   Enforcement of forfeiture remedy after notice of default.
  Whenever a contract for transfer or conveyance of an interest in real property provides a forfeiture remedy, whether the remedy is self-executing or is optional,...
• 93.913   Forfeiture allowed for default under certain collateral assignments of interest.
  In the event of a default under a collateral assignment of the interest of a seller or purchaser in a land sale contract, including a...
• 93.915   Notice of default; contents; recordation; time of forfeiture; interim measures.
  (1) In the event of a default under a contract for conveyance of real property, a seller who wishes to enforce a forfeiture remedy must...
• 93.918   Continuation of proceedings after certain types of stay ordered by court; procedures.
  (1) Except when a seller has participated in obtaining a stay, contract forfeiture proceedings that are stayed by order of the court, by proceedings in...
• 93.920   Curing default to avoid forfeiture; payment of costs and expenses.
  A purchaser in default may avoid a forfeiture under the contract by curing the default or defaults before expiration of the notice period provided in...
• 93.925   Failure to cure default; exclusiveness of notice.
  Notwithstanding a seller’s waiver of prior defaults, if notice is given and purchaser does not cure the default within the period specified in ORS 93.915,...
• 93.930   Recording affidavit after forfeiture; affidavit as evidence.
  (1) When a contract for conveyance of real property has been forfeited in accordance with its terms after the seller has given notice to the...
• 93.935   Effect of purchaser’s abandonment or reconveyance on interest, lien or claim.
  (1) In the event of a default under a contract for conveyance of real property, the recorded interest, lien or claim of a person with...
• 93.940   Effect of seller’s foreclosure or other action on interest, lien or claim.
  The recorded interest, lien or claim of a person with respect to the real property, by virtue of an assignment, conveyance, contract, mortgage, trust deed...
• 93.945   Application of ORS 93.910 to 93.940.
  (1) The provisions of ORS 93.910 to 93.930 shall apply only to forfeiture remedies enforced after July 13, 1985. The date that the initial written...
• 93.990   Penalties.
  (1) The giving of a false statement of the true and actual consideration as required by ORS 93.030 is a Class A violation. (2) Any...