Title 10, Property Rights and Transactions

(1) A person conveying or contracting to convey fee title to real property, or recording a declaration under ORS 94.580, may not include in an instrument for that purpose a provision: (a) Restricting the use of the real property by any person or group of persons by reason of race…

(1) Notwithstanding ORS 94.590, 94.625, 100.110, 100.135, 100.411 or 100.413 or any requirement of the declaration or bylaws, an amendment to the declaration or bylaws of a planned community or condominium is effective and may be made and recorded in the county clerk’s office of …

(1) Except as otherwise provided in ORS 93.274, any owner of record of real property that is subject to an instrument conveying or contracting to convey fee title to the property, or a declaration recorded under ORS 94.580, that contains a provision that is in violation of ORS 93…

(1)(a) If a recorded instrument conveying or contracting to convey fee title to real property, or a declaration recorded under ORS 94.580, contains a provision that is void by reason of ORS 93.270 (1)(a), the owner of the property or the owner of any portion of the property subje…

(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 or a neighboring property was the site of a death by violent crime, by suicide or by any other manner; (b) The fact or suspicion that…

(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:…

(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 the person or persons and another person or persons, or one or more of themselves and another person or other persons, as grantees. The …

(1) As used in this section and ORS 93.286, “contract for transfer or conveyance of an interest in real property,” “purchaser” and “seller” have the meanings given those terms in ORS 93.905. (2) If a seller has received full payment and performance of a contract for transfer or c…

(1) Except as otherwise provided in this chapter and except to the extent otherwise provided in the contract or other agreement with the seller, fulfillment of a contract for sale under ORS 93.285 shall have the following effects: (a) Except as provided in paragraph (c) of this s…

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 agreement that the parties shall have the following rights and duties, unless the contract expressly provides otherwise: (1) If, when neither the l…

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 enact the Uniform Vendor and Purchaser Risk Act. [1955 c.144 §2]

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

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 other sufficient circumstances to determine it: (1) Where there are certain definite and ascertained particulars in the descriptio…

(1) As used in this section, “Oregon Coordinate System” means a coordinate mapping system, composed of three coordinate projection mapping systems known as: (a) The Oregon State Plane Coordinate System of 1927; (b) The Oregon State Plane Coordinate System of 1983; and (c) The Ore…

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 and shall be acknowledged before any judge of the Supreme Court, circuit judge, county judge, justice of the peace or notary public wi…

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 removed or refuses to execute it, the deed may be executed by the judge before whom the proceeding is pending or by the succe…

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 subscribing witness thereto, who shall state the place of residence of the witness, and that the witness knew the person described in and wh…

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 dead or reside out of this state, it may be proved before the circuit court, or any judge thereof, by proving the handwriting of the grantor and…

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 is dead, out of the state, or refuses to acknowledge the deed, and that any witness to the conveyance residing in the county where t…

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 officer shall set forth those matters required by ORS 93.440 to 93.460 to be done, known or proved, together with the names of…

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 proof thereof and is entitled to be recorded in the county where the land is situated.

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 manner as deeds of real property. RECORDATION AND ITS EFFECTS

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 the boundaries thereof, or by lots, blocks and addition names, or by partition plat recording and parcel numbe…

(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 left with the clerk shall be recorded at full length, or as provided in ORS 93.779 to 93.802, with the certificates of acknowledgment or proof o…

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 is recorded. Every instrument is considered recorded at the time it was so certified. [Amended by 1999 c.654 §10]

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 property interests required or permitted by law to be recorded, in which the county clerk shall enter, alphabetically, the name of every party t…

(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 is executed and the parties are bound, shall be acknowledged, in the manner provided for acknowledgment of deeds, by the conveyor of the title…

(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…