ORS Chapter 93

Chapter 93 — Conveyancingand Recording

2009 EDITION

CONVEYANCINGAND RECORDING

PROPERTYRIGHTS AND TRANSACTIONS

GENERALREQUIREMENTS FOR DISPOSITION OF REALTY

93.010 Conveyances,how made

93.020 Creating,transferring or declaring estates or interests in realty

93.030 Contractsto convey, instruments of conveyance and related memoranda to stateconsideration

93.040 Mandatorystatements for sales agreements, earnest money receipts or other instrumentsfor conveyance of fee title to real property; liability of drafter and recorder

93.050 Giftor conveyance of life estate

SPECIALMATTERS IN PARTICULAR CONVEYANCES

93.110 Quitclaimdeed sufficient to pass estate

93.120 Wordsof inheritance unnecessary to convey fee; conveyances deemed to convey all grantor’sestate

93.130 Conveyanceof land in adverse possession of another

93.140 Impliedcovenants

93.150 Conveyanceby tenant of greater estate than that possessed

93.160 Conveyanceby reversioners and remainderpersons to life tenant vests fee

93.180 Formsof tenancy in conveyance or devise to two or more persons

93.190 Trusteesor personal representatives as joint tenants; filling vacancies in office

93.200 Trusteesor executors now hold as joint tenants

93.210 Presumptionrespecting deed from trustee of undisclosed beneficiary

93.220 Release,limitation or restriction of power of appointment

93.230 Copyof Department of State Lands deed or patent given when original lost

93.240 Rightsto deferred installments of purchase price where two or more persons join assellers of real property

93.250 Effectof conveyance creating fee simple conditional or fee tail

93.260 Taxstatement information required in conveyancing instrument

93.265 Noticeto real property manager of certain actions; procedures; effect on title

93.268 Noticeto Department of Human Services of transfer or encumbrance of real property bytitle insurance company; rules

93.269 Declarationor covenant related to future fees, commissions or payments to declarant;recording; exceptions

93.270 Certaindiscriminatory restrictions in conveyancing instruments prohibited; restrictionon right of action

93.272 Procedurefor removal of certain discriminatory restrictions

93.275 Incidentsnot material facts to real property transaction; legislative findings

93.280 Mannerof conveyance to create joint property rights

UNIFORMVENDOR AND PURCHASER RISK ACT

93.290 Riskof loss after contract to sell realty has been executed

93.295 Constructionof ORS 93.290 to 93.300

93.300 Shorttitle

DESCRIPTIONS,INCLUDING THE OREGON COORDINATE SYSTEM

93.310 Rulesfor construing description of real property

93.320 OregonCoordinate System; zones

93.330 Definition

93.350 Planecoordinates

93.360 Coordinatesexcluded from recordation

93.370 Descriptionas supplemental

93.380 Purchaseror mortgagee not required to rely on description

EXECUTION,ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS

93.410 Executionand acknowledgment of deeds

93.420 Executionof deed where personal representative, guardian or conservator is unable orrefuses to act

93.440 Proofof execution by subscribing witness

93.450 Proofwhere witnesses are dead or absent

93.460 Subpoenato compel witness to testify to execution of deed

93.470 Indorsementof certificate of proof

93.480 Deedacknowledged or proved as evidence; recordability

93.530 Execution,acknowledgment and recordation of assignments of sheriffs’ certificates of sale

RECORDATIONAND ITS EFFECTS

93.600 Descriptionof real property for purposes of recordation

93.610 Separatebooks for recording deeds and mortgages; consolidated index

93.620 Timeand place of recording; certification

93.630 Indexto record of deeds, mortgages and other real property interests

93.635 Acknowledgmentand recording of instruments contracting to convey fee title

93.640 Unrecordedinstrument affecting title or unrecorded assignment of sheriff’s certificate ofsale void as to subsequent purchaser

93.643 Methodof giving constructive notice of interest in real property; electronic lien records

93.645 Priorityof purchaser; extinguishing judgment lien; right of judgment creditor; “judgment”defined

93.650 Effectof record or certified transcript in evidence

93.660 Effectof abstract of title as evidence

93.670 Powerof attorney and executory contract for sale or purchase of lands;recordability; effect as evidence; revocation

93.680 Patents,judgments and official grants; recordability; evidence

93.690 Recordingof instruments evidencing passage of title to land from United States to Stateof Oregon

93.710 Instrumentsor memoranda creating certain interests in realty; contents; reforestationorder; effect of recording

93.730 Recordationof judgment in other counties

93.740 Noticeof lis pendens; contents; recordation; effect; discharge

93.760 Recordabilityof documents, orders and decrees of the United States District Court

93.770 Recordabilityof notices of bankruptcy and petitions, orders and judgments from bankruptcycases

93.780 Placeof recording of instrument containing clauses of a mortgage or trust deed;county clerk to do recording; “Master Form”

93.790 Effectof recording master form instrument; effect of incorporation by reference inmortgage or trust deed; effect of deviation

93.800 Matternot to be recorded when accompanying mortgage or trust deed; liability fornonrecording

93.802 Recordingof short form mortgage or short form trust deed

93.804 Requirementfor original signatures for recording; recordation of certified copies

93.806 Recordationof instrument creating certain liens

93.808 Approvalof governmental unit required to record certain instruments

VALIDATINGAND CURATIVE ACTS

93.810 Validatingand curative Acts

DEEDFORMS

93.850 Warrantydeed form; effect

93.855 Specialwarranty deed form; effect

93.860 Bargainand sale deed form; effect

93.865 Quitclaimdeed form; effect

93.870 Statutorydeed forms optional

FORFEITUREUNDER LAND SALES CONTRACT

93.905 Definitionsfor ORS 93.905 to 93.940

93.910 Enforcementof forfeiture remedy after notice of default

93.913 Forfeitureallowed for default under certain collateral assignments of interest

93.915 Noticeof default; contents; recordation; time of forfeiture; interim measures

93.918 Continuationof proceedings after certain types of stay ordered by court; procedures

93.920 Curingdefault to avoid forfeiture; payment of costs and expenses

93.925 Failureto cure default; exclusiveness of notice

93.930 Recordingaffidavit after forfeiture; affidavit as evidence

93.935 Effectof purchaser’s abandonment or reconveyance on interest, lien or claim

93.940 Effectof seller’s foreclosure or other action on interest, lien or claim

93.945 Applicationof ORS 93.910 to 93.940