Title 10, Property Rights and Transactions

(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 other agreement or memorandum thereof affecting the title of real property within this state which is not recorded as provided by law …

(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 ORS 205.130 in the county where the property is located. Such recordation, and no other record, constitutes constructive noti…

(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 contract or memorandum thereof has been recorded in deed records, shall have priority over the lien of any subsequent judgment against the sell…

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 in evidence in any court in the state, with the like effect as the original conveyance. However, the effect of such evidence may be rebutted …

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 certifying such abstracts shall be received in all courts as prima facie evidence of the existence, condition and nature of the record of …

(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 every executory contract for the sale or purchase of lands, when acknowledged or proved in the manner prescribed for the acknowledgment or p…

(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 with like effect as conveyances of land duly acknowledged, proved or certified: (a) The patents from the United States or of this state for lands within t…

(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 land has passed from the United States to the State of Oregon, which have been or shall be received by the State of Oregon, to the offi…

(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 property or an interest in real property created by a land sale contract, or memorandum of such instrument or contract, which is exec…

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 of deeds in any county in which the land affected is wholly or partly situated by any party interested in the land or in the action. After the…

(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, any party thereto at the commencement of the suit, or at any time during the pendency thereof, may have recorded by the county clerk or other recorde…

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 by the clerk of such court, and which affect title to real property in this state, shall be entitled to be recorded in the deed …

(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 of a county in which real property that is owned by the debtor or in which the debtor has an interest is located. The notice of ban…

As used in ORS 93.779 to 93.802: (1) “Master form instrument” means an instrument containing a form or forms of covenants, conditions, obligations, powers and other clauses of a mortgage, a trust deed or an instrument creating affordable housing covenants. (2) “Short form instrum…

Upon request of any person and on tender of the required fee, the county clerk shall record a master form instrument in the name of the person causing it to be recorded. [1969 c.583 §2; 2012 c.6 §3]

(1) After a master form instrument is recorded pursuant to ORS 93.780, subject to subsection (3) of this section, the person that caused the master form instrument to be recorded may cause all or any of the provisions of the master form instrument to apply to real estate situated…

(1) A county clerk may not record matter accompanying a short form instrument presented for recording if the matter: (a) Purports to be copied or reproduced from a master form instrument recorded and identified as required by ORS 93.780; (b) Is preceded by the words “do not recor…

(1) After a master form instrument is recorded in a county under ORS 93.779 to 93.802, an instrument entitled “Short Form Mortgage,” “Short Form Trust Deed” or “Short Form Instrument Creating Affordable Housing Covenants” may be recorded. (2) The short form instrument must contai…

(1) As used in this section: (a) “Instrument” includes an electronic record as defined in ORS 84.004. (b) “Original certification” or “original signature” includes an electronic signature as defined in ORS 84.004. (2) Except as provided in subsections (3) and (4) of this section,…

(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 thereof, which is executed by the person from whom the lien is intended to be given, and acknowledged or proved in the ma…

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 be recorded unless the instrument carries an indication of approval of the conveyance by this state or the political subdivision accepting ti…

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 and recordation of certified copies of deeds issued by the State Land Board before 1885 where the origin…

(1) Warranty deeds may be in the following form: ______________________________________________________________________________ _____, Grantor, conveys and warrants to _____, Grantee, the following described real property free of encumbrances except as specifically set forth here…

(1) Special warranty deeds may be in the following form: ______________________________________________________________________________ _____, Grantor, conveys and specially warrants to _____, Grantee, the following described real property free of encumbrances created or suffered…

(1) Bargain and sale deeds may be in the following form: ______________________________________________________________________________ _____, Grantor, conveys to _____, Grantee, the following described real property: (Describe the property conveyed.) (Following description of pr…

(1) Quitclaim deeds may be in the following form: ______________________________________________________________________________ _____, Grantor, releases and quitclaims to _____, Grantee, all right, title and interest in and to the following described real property: (Describe the…

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 conveyance of real property. [1973 c.194 §5] FORFEITURE UNDER LAND SALES CONTRACT

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 not include earnest money or preliminary sales agreements, options or rights of first refusal. (2) “Forfeiture remedy” means the…

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, forfeiture of the interest of a purchaser in default under the contract may be enforced only after notice of the defau…

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 collateral assignment of the proceeds thereof, the assignee may enforce a remedy of forfeiture, as set forth in ORS 93.905 to 93.945, unless the a…

(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 give written notice of default by service pursuant to ORCP 7 D(2) and 7 D(3), or by both first class and certified mail with return receipt requ…

(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 bankruptcy or for any other lawful reason, shall continue after release from the stay as if uninterrupted, if within 30 days aft…

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 ORS 93.915. If the default consists of a failure to pay sums when due under the contract, the default may be cured by paying the e…

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, the contract forfeiture remedy may be exercised and the contract shall not be reinstated by any subsequent offer or tender of…

(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 purchaser as provided in ORS 93.915, the seller shall record an affidavit with the property description, a copy of the notice of default an…

(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 respect to the real property, by virtue of an assignment, conveyance, contract, mortgage, trust deed or other lien or claim from or through a purc…

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 or other lien or claim from or through a purchaser whose interest arises under a contract for conveyance of real property, sh…

(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 notice of a default is given to the purchaser shall be the date of enforcement of the forfeiture remedy. (2) The provisions of ORS 93…

ORS 93.948 to 93.979 may be cited as the Uniform Real Property Transfer on Death Act. [2011 c.212 §1] Note: 93.948 to 93.985 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 93 or any series therein by legislative action. See P…

As used in ORS 93.948 to 93.979: (1) “Beneficiary” means a person that receives property under a transfer on death deed. (2) “Designated beneficiary” means a person designated to receive property in a transfer on death deed. (3) “Joint owner” means a joint tenant, a tenant by the…

ORS 93.948 to 93.979 apply to a transfer on death deed made before, on or after January 1, 2012, by a transferor dying on or after January 1, 2012. [2011 c.212 §3] Note: See note under 93.948.

ORS 93.948 to 93.979 do not affect any method of transferring property otherwise permitted by the law of this state. [2011 c.212 §4] Note: See note under 93.948.

(1) An individual may transfer property to one or more designated beneficiaries effective at the transferor’s death by a transfer on death deed. (2) The individual may designate one or more: (a) Primary beneficiaries; and (b) Alternate beneficiaries who take the property only if …

A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision. [2011 c.212 §6] Note: See note under 93.948.

A transfer on death deed is nontestamentary. [2011 c.212 §7] Note: See note under 93.948.

(1) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will. (2) A transfer on death deed or an instrument revoking a transfer on death deed that is procured by fraud, duress or undue influence is void. (3) A proceeding…

(1) A transfer on death deed: (a) Except as provided otherwise in paragraph (b) of this subsection, must contain the essential elements and formalities of a properly recordable inter vivos deed; (b) Must state that the transfer to the designated beneficiary is to occur at the tra…

A transfer on death deed is effective without: (1) Notice or delivery to, or acceptance by, the designated beneficiary during the transferor’s life; or (2) Consideration. [2011 c.212 §10] Note: See note under 93.948.

(1) An instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument: (a) Is acknowledged by the transferor after the transferor acknowledges the deed to be revoked; (b) Is recorded before the transferor’s death in the deed records…

During a transferor’s life, a transfer on death deed does not: (1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property; (2) Affect an interest or right of a designated beneficiary, even if the designated benef…