(1) A provision in a recorded instrument affecting real property is not enforceable if the provision would allow the development of a single-unit dwelling on the real property but would prohibit the development of, or the partitioning or subdividing of lands under ORS 92.031 for:
(a) Middle housing, as defined in ORS 197A.420;
(b) An accessory dwelling unit allowed under ORS 197A.425 (1);
(c) A manufactured dwelling, as defined in ORS 446.003; or
(d) A prefabricated structure, as defined in ORS 197A.015.
(2) This section applies only if the instrument:
(a) Contains a provision described under subsection (1)(a) or (b) of this section and was executed on or after January 1, 2021.
(b) Contains a provision described under subsection (1)(c) or (d) of this section and was executed on or after January 1, 2026. [2019 c.639 §13; 2021 c.103 §3; 2025 c.38 §9; 2025 c.274 §1]
Note: The amendments to 93.277 by section 7a, chapter 476, Oregon Laws 2025, become operative January 1, 2027. See section 12, chapter 476, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user’s convenience.