Oregon Law
Law as of Jan 1, 2024
Chapter contents
93.010Conveyances, how made 93.020Creating, transferring or declaring estates or interests in realty 93.030Contracts to convey, instruments of conveyance and related memoranda to state consideration 93.040Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property; liability of drafter and recorder 93.050Gift or conveyance of life estate 93.110Quitclaim deed sufficient to pass estate 93.120Words of inheritance unnecessary to convey fee; conveyances deemed to convey all grantor’s estate 93.125[2001 c.311 §3; repealed by 2002 s.s.1 c.6 §3] 93.130Conveyance of land in adverse possession of another 93.140Implied covenants 93.150Conveyance by tenant of greater estate than that possessed 93.160Conveyance by reversioners and remainderpersons to life tenant vests fee 93.170[Repealed by 1969 c.591 §305] 93.180Forms of tenancy in conveyance or devise to two or more persons 93.190Trustees or personal representatives as joint tenants; filling vacancies in office 93.200Trustees or executors now hold as joint tenants 93.210Presumption respecting deed from trustee of undisclosed beneficiary 93.220Release, limitation or restriction of power of appointment 93.230Copy of Department of State Lands deed or patent given when original lost 93.240Rights to deferred installments of purchase price where two or more persons join as sellers of real property 93.250Effect of conveyance creating fee simple conditional or fee tail 93.260Tax statement information required in conveyancing instrument 93.265Notice to real property manager of certain actions; procedures; effect on title 93.268Notice to state agency of transfer or encumbrance of real property by title insurance company 93.269Declaration or covenant related to future fees, commissions or payments to declarant; recording; exceptions 93.270Certain restrictions in instruments prohibited; restriction on right of action 93.271Amending declarations or bylaws to remove discriminatory provisions; recording; filing 93.272Procedure for removal of certain restrictions 93.273[1989 c.523 §2; renumbered 93.275 (3) in 1993] 93.274Petition to strike discriminatory provisions from recorded instrument; recording order and redactions 93.275Incidents not material facts to real property transaction; legislative findings 93.277Restrictions on development of certain housing prohibited 93.280Manner of conveyance to create joint property rights 93.285Procedure for enforcement of contractual requirement for delivery of deed of conveyance 93.286Effects of fulfillment of contract for sale by enforcement of requirement for delivery of deed of conveyance 93.290Risk of loss after contract to sell realty has been executed 93.295Construction of ORS 93.290 to 93.300 93.300Short title 93.310Rules for construing description of real property 93.312Oregon Coordinate System 93.320[Amended by 1985 c.202 §1; repealed by 2011 c.179 §6] 93.330[Amended by 1985 c.202 §2; repealed by 2011 c.179 §6] 93.340[Repealed by 1985 c.202 §7] 93.350[Amended by 1985 c.202 §3; repealed by 2011 c.179 §6] 93.360[Amended by 1979 c.129 §1; 1985 c.202 §4; repealed by 2011 c.179 §6] 93.370[Amended by 1985 c.202 §5; repealed by 2011 c.179 §6] 93.380[Amended by 1985 c.202 §6; repealed by 2011 c.179 §6] 93.410Execution and acknowledgment of deeds 93.415[Repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 93.415)] 93.420Execution of deed where personal representative, guardian or conservator is unable or refuses to act 93.430[Repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 93.430)] 93.440Proof of execution by subscribing witness 93.450Proof where witnesses are dead or absent 93.460Subpoena to compel witness to testify to execution of deed 93.470Indorsement of certificate of proof 93.480Deed acknowledged or proved as evidence; recordability 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)] 93.530Execution, acknowledgment and recordation of assignments of sheriffs’ certificates of sale 93.600Description of real property for purposes of recordation 93.610Separate books for recording deeds and mortgages; consolidated index 93.620Time and place of recording; certification 93.630Index to record of deeds, mortgages and other real property interests 93.635Acknowledgment and recording of instruments contracting to convey fee title 93.640Unrecorded instrument affecting title or unrecorded assignment of sheriff’s certificate of sale void as to subsequent purchaser 93.643Method of giving constructive notice of interest in real property; electronic lien records 93.645Priority of purchaser; extinguishing judgment lien; right of judgment creditor; “judgment” defined 93.650Effect of record or certified transcript in evidence 93.660Effect of abstract of title as evidence 93.670Power of attorney and executory contract for sale or purchase of lands; recordability; effect as evidence; revocation 93.680Patents, judgments and official grants; recordability; evidence 93.690Recording of instruments evidencing passage of title to land from United States to State of Oregon 93.710Instruments or memoranda creating certain interests in realty; contents; reforestation order; effect of recording 93.720[Amended by 1985 c.540 §28; repealed by 1987 c.586 §49] 93.730Recordation of judgment in other counties 93.740Notice of lis pendens; contents; recordation; effect; discharge 93.750[Repealed by 1991 c.230 §35] 93.760Recordability of documents, orders and decrees of the United States District Court 93.770Recordability of notices of bankruptcy and petitions, orders and judgments from bankruptcy cases 93.779Definitions for ORS 93.779 to 93.802 93.780Recordation of master form instrument 93.790Incorporation of master form instrument by reference in short form instrument; effect of deviation 93.800Matter not to be recorded when accompanying short form instrument; liability for nonrecording 93.802Recordation of short form instrument 93.804Requirement for original signatures for recording; recordation of certified copies; recordation of electronic image of instrument 93.806Recordation of instrument creating certain liens 93.808Approval of governmental unit required to record certain instruments 93.810Validating and curative Acts 93.850Warranty deed form; effect 93.855Special warranty deed form; effect 93.860Bargain and sale deed form; effect 93.865Quitclaim deed form; effect 93.870Statutory deed forms optional 93.905Definitions for ORS 93.905 to 93.940 93.910Enforcement of forfeiture remedy after notice of default 93.913Forfeiture allowed for default under certain collateral assignments of interest 93.915Notice of default; contents; recordation; time of forfeiture; interim measures 93.918Continuation of proceedings after certain types of stay ordered by court; procedures 93.920Curing default to avoid forfeiture; payment of costs and expenses 93.925Failure to cure default; exclusiveness of notice 93.930Recording affidavit after forfeiture; affidavit as evidence 93.935Effect of purchaser’s abandonment or reconveyance on interest, lien or claim 93.940Effect of seller’s foreclosure or other action on interest, lien or claim 93.945Application of ORS 93.910 to 93.940 93.948URPTDA 1 93.949URPTDA 2 93.950URPTDA 3 93.951URPTDA 4 93.953URPTDA 5 93.955URPTDA 6 93.957URPTDA 7 93.959URPTDA 8 93.961URPTDA 9 93.963URPTDA 10 93.965URPTDA 11 93.967URPTDA 12 93.969URPTDA 13 93.971URPTDA 14 93.973URPTDA 15 93.975URPTDA 16 93.977URPTDA 17 93.979Relation to Electronic Signatures in Global and National Commerce Act 93.981Effect of divorce or annulment on transfer on death deed 93.983Transfer to parent who deserted or neglected transferor 93.985Forfeiture of transfer by parent who deserted or neglected transferor 93.990Penalties

Chapter 93 — Conveyancing and Recording

ORS 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 owner’s sale agreements or earnest money receipts, or both, as provided in subsection (2) of this section: “BEFORE SIGNING OR ACCEPTING

THIS INSTRUMENT, THE PERSON TRANS-

FERRING FEE TITLE SHOULD INQUIRE

ABOUT THE PERSON’S RIGHTS, IF ANY, UN-

DER ORS 195.300, 195.301 AND 195.305 TO

195.336 AND SECTIONS 5 TO 11, CHAPTER

424, OREGON LAWS 2007, SECTIONS 2 TO 9

AND 17, CHAPTER 855, OREGON LAWS 2009,

AND SECTIONS 2 TO 7, CHAPTER 8, OREGON

LAWS 2010. THIS INSTRUMENT DOES NOT

ALLOW USE OF THE PROPERTY DESCRIBED

IN THIS INSTRUMENT IN VIOLATION OF

APPLICABLE LAND USE LAWS AND REGU-

LATIONS. BEFORE SIGNING OR ACCEPTING

THIS INSTRUMENT, THE PERSON ACQUIR-

ING FEE TITLE TO THE PROPERTY SHOULD

CHECK WITH THE APPROPRIATE CITY OR

COUNTY PLANNING DEPARTMENT TO

VERIFY THAT THE UNIT OF LAND BEING

TRANSFERRED IS A LAWFULLY ESTAB-

LISHED LOT OR PARCEL, AS DEFINED IN

ORS 92.010 OR 215.010, TO VERIFY THE AP-

PROVED USES OF THE LOT OR PARCEL, TO

DETERMINE ANY LIMITS ON LAWSUITS

AGAINST FARMING OR FOREST PRACTICES,

AS DEFINED IN ORS 30.930, AND TO IN-

QUIRE ABOUT THE RIGHTS OF NEIGHBOR-

ING PROPERTY OWNERS, IF ANY, UNDER

ORS 195.300, 195.301 AND 195.305 TO 195.336

AND SECTIONS 5 TO 11, CHAPTER 424, ORE-

SECTIONS 2 TO 7, CHAPTER 8, OREGON

LAWS 2010.”

(2)

In all owner’s sale agreements and earnest money receipts, there shall be included in the body of the instrument the following statement: “THE PROPERTY

DESCRIBED IN THIS INSTRUMENT MAY

NOT BE WITHIN A FIRE PROTECTION DIS-

TRICT PROTECTING STRUCTURES. THE

PROPERTY IS SUBJECT TO LAND USE LAWS

AND REGULATIONS THAT, IN FARM OR

FOREST ZONES, MAY NOT AUTHORIZE

CONSTRUCTION OR SITING OF A RESI-

DENCE AND THAT LIMIT LAWSUITS

AGAINST FARMING OR FOREST PRACTICES,

AS DEFINED IN ORS 30.930, IN ALL ZONES.

BEFORE SIGNING OR ACCEPTING THIS IN-

STRUMENT, THE PERSON TRANSFERRING

FEE TITLE SHOULD INQUIRE ABOUT THE

PERSON’S RIGHTS, IF ANY, UNDER ORS

195.300, 195.301 AND 195.305 TO 195.336 AND

SECTIONS 5 TO 11, CHAPTER 424, OREGON

LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAP-

TER 855, OREGON LAWS 2009, AND

SECTIONS 2 TO 7, CHAPTER 8, OREGON

LAWS 2010. BEFORE SIGNING OR ACCEPT-

ING THIS INSTRUMENT, THE PERSON AC-

QUIRING FEE TITLE TO THE PROPERTY

SHOULD CHECK WITH THE APPROPRIATE

CITY OR COUNTY PLANNING DEPARTMENT

TO VERIFY THAT THE UNIT OF LAND BE-

ING TRANSFERRED IS A LAWFULLY ES-

TABLISHED LOT OR PARCEL, AS DEFINED

IN ORS 92.010 OR 215.010, TO VERIFY THE

APPROVED USES OF THE LOT OR PARCEL,

TO VERIFY THE EXISTENCE OF FIRE PRO-

TECTION FOR STRUCTURES AND TO IN-

QUIRE ABOUT THE RIGHTS OF

NEIGHBORING PROPERTY OWNERS, IF ANY,

UNDER ORS 195.300, 195.301 AND 195.305 TO

195.336 AND SECTIONS 5 TO 11, CHAPTER

424, OREGON LAWS 2007, SECTIONS 2 TO 9

AND 17, CHAPTER 855, OREGON LAWS 2009,

AND SECTIONS 2 TO 7, CHAPTER 8, OREGON

LAWS 2010.”

(3)

In all owners’ sale agreements and earnest money receipts subject to ORS 358.505, there shall be included in the body of the instrument or by addendum the following statement: “THE PROPERTY DE-

SCRIBED IN THIS INSTRUMENT IS SUBJECT

TO SPECIAL ASSESSMENT UNDER ORS

358.505.”

(4)

An action may not be maintained against the county recording officer for recording an instrument that does not contain the statement required in subsection (1) or

(2)

of this section.

(5)

An action may not be maintained against any person for failure to include in the instrument the statement required in subsection (1) or (2) of this section, or for recording an instrument that does not contain the statement required in subsection (1) or (2) of this section, unless the person acquiring or agreeing to acquire fee title to the real property would not have executed or accepted the instrument but for the absence in the instrument of the statement required by subsection (1) or (2) of this section. An action may not be maintained by the person acquiring or agreeing to acquire fee title to the real property against any person other than the person transferring or contracting to transfer fee title to the real property.

(6)

A transfer of death deed and an instrument revoking a transfer of death deed are not instruments subject to this section.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.