Oregon Law
Law as of Jan 1, 2026
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of inheritance unnecessary to convey fee; conveyances deemed to convey all grantor’s estate 93.125[2001 c.311 §3; repealed by 2002 s.s.1 c.6 §3] 93.130Conveyance of land in adverse possession of another 93.140Implied covenants 93.150Conveyance by tenant of greater estate than that possessed 93.160Conveyance by reversioners and remainderpersons to life tenant vests fee 93.170[Repealed by 1969 c.591 §305] 93.180Forms of tenancy in conveyance or devise to two or more persons 93.190Trustees or personal representatives as joint tenants; filling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. Short title 93.949URPTDA 2. Definitions 93.950URPTDA 3. Applicability 93.951URPTDA 4. Nonexclusivity 93.953URPTDA 5. Authority for transfer on death deed 93.955URPTDA 6. Revocability of transfer on death deed 93.957URPTDA 7. Nontestamentary nature of transfer on death deed 93.959URPTDA 8. Capacity of transferor; fraud, duress or undue influence 93.961URPTDA 9. Requirements 93.963URPTDA 10. Notice; delivery; acceptance; consideration 93.965URPTDA 11. Revocation by instrument; revocation by act 93.967URPTDA 12. Effect of transfer on death deed during transferor’s life 93.969URPTDA 13. Effect of transfer on death deed at transferor’s death 93.971URPTDA 14. Disclaimer 93.973URPTDA 15. Liability for creditor claims and statutory allowances 93.975URPTDA 16. Form of transfer on death deed 93.977URPTDA 17. Form of instrument revoking transfer on death deed 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 93.440 Proof of execution by subscribing witness

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 who executed the conveyance. Such proof shall not be taken unless the officer is personally acquainted with the subscribing witness, or has satisfactory evidence that the witness is the same person who was a subscribing witness to the instrument.

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Provenance

Version history

2026-01-01

2025 Oregon Revised Statutes — official online source