Title 10, Property Rights and Transactions

(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…

(1) Except as provided otherwise in the transfer on death deed and subject to ORS 107.115, 112.455 to 112.555 or 112.570 to 112.590 and ORS 93.981, 93.983 and 93.985, when a transferor dies, the following rules apply to property that is subject to a transfer on death deed and own…

A beneficiary may disclaim all or part of the beneficiary’s interest as provided by ORS 105.623 to 105.649. [2011 c.212 §14] Note: See note under 93.948.

(1) A transferor’s estate may enforce a liability against property transferred at the death of the transferor by a transfer on death deed to the extent that the probate estate of the transferor is insufficient to satisfy: (a) A claim allowed or established by summary determinatio…

ORS 93.948 to 93.979 govern the effect of an instrument used to create a transfer on death deed. The following form may be used to create a transfer on death deed: ______________________________________________________________________________ TRANSFER ON DEATH DEED (ORS 93.948 to…

ORS 93.948 to 93.979 govern the effect of an instrument used to revoke a transfer on death deed. The following form may be used to create an instrument revoking a transfer on death deed: ______________________________________________________________________________ INSTRUMENT REV…

ORS 93.948 to 93.979 modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but do not modify, limit or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of a notice described in 15 U.S.C. 7003(b). […

Unless a transfer on death deed provided for under ORS 93.948 to 93.979 evidences a different intent of the transferor, the divorce or annulment of the marriage of the transferor after the recording of the transfer on death deed revokes all provisions in the transfer on death dee…

(1) Property that would pass by transfer on death deed under ORS 93.948 to 93.979 from a deceased transferor to a parent of the deceased transferor shall pass and be vested as if the parent had predeceased the transferor if the person who would be benefited by the forfeiture is a…

(1) A petition may be filed in probate proceedings to assert that the interest in property, as defined in ORS 93.949, transferred by a transfer on death deed to a parent of a deceased transferor is subject to forfeiture under ORS 93.983. A petition may be filed under this section…

(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 person served with the subpoena mentioned in ORS 93.460 who, without reasonable cause, refuses or neglects to appear, or appearing refuses to answer …

(1) A city or county may enter into a development agreement as provided in ORS 94.504 to 94.528 with any person having a legal or equitable interest in real property for the development of that property. (2) A development agreement shall specify: (a) The duration of the agreement…

(1) A development agreement shall not be approved by the governing body of a city or county unless the governing body finds that the agreement is consistent with local regulations then in place for the city or county. (2) The governing body of a city or county shall approve a dev…

(1) A city or county may, by ordinance, establish procedures and requirements for the consideration of development agreements upon application by, or on behalf of, the owner of property on which development is sought or another person having a legal or equitable interest in that …

Unless otherwise provided by the development agreement, the comprehensive plan, zoning ordinances and other rules and policies of the jurisdiction governing permitted uses of land, density and design applicable to the development of the property subject to a development agreement…

(1) A development agreement may be amended or canceled by mutual consent of the parties to the agreement or their successors in interest. The governing body of a city or county shall amend or cancel a development agreement by adoption of an ordinance declaring cancellation of the…

Not later than 10 days after the execution of a development agreement under ORS 94.504 to 94.528, the governing body of the city or county shall cause the development agreement to be presented for recording in the office of the county clerk of the county in which the property sub…

(1) The governing body of a city or county is authorized to recognize a severable development interest in real property. The governing body of the city or county may establish a system for the purchase and sale of development interests. The interest transferred shall be known as …

(1) The Legislative Assembly finds that: (a) Working farms and forests make vital contributions to Oregon by: (A) Providing jobs, timber, agricultural products, tax base and other social and economic benefits; (B) Helping to maintain soil, air and water resources; (C) Reducing le…

As used in this section and ORS 94.538: (1) “Conservation easement” has the meaning given that term in ORS 271.715. (2) “Governmental unit” means a city, county, metropolitan service district or state agency as defined in ORS 171.133. (3) “Holder” has the meaning given that term …

(1) One or more governmental units may establish a transferable development credit system, including a process for allowing transfer of development interests from a sending area within the jurisdiction of one governmental unit to a receiving area within the jurisdiction of anothe…

As used in ORS 94.550 to 94.783: (1) “Assessment” means any charge imposed or levied by a homeowners association on or against an owner or lot pursuant to the provisions of the declaration or the bylaws of the planned community or provisions of ORS 94.550 to 94.783. (2) “Blanket …

The Legislative Assembly finds that: (1) In the State of Oregon there are hundreds of homeowners associations to which the Oregon Condominium Law (ORS chapter 100) does not apply. (2) These homeowners associations have established a pattern of ownership in which ownership of a si…

(1) Except as provided in ORS 94.570, a person may not create a planned community in this state except as provided in ORS 94.550 to 94.783. (2) A person may not convey any lot or unit in a planned community until the planned community is created by the recording of the declaratio…