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Home , Recording (real estate)

Chapter 93

1968 REPLACEMENT BART

Conveyancing and Recording

GENERAL REQUIREMENTS FOR DISPOSITION 93415 Acknowledgment by married woman OF REALTY 93420 Execution of where personal represen 93010 Conveyances how made tative is unable or refuses to act 93020 Creating transferring or declaring estates 93430 Officer taking acknowledgment must know or interests in realty grantor 93030 to convey or instruments of con 93440 Proof of execution by subscribing witness veyance to state consideration 93450 Proof where witnesses are dead or absent 93460 Subpena to compel witness to testify to exe SPECIAL MATTERS IN PARTICULAR cution of deed CONVEYANCES 93470 Indorsement of certificate of proof 93110 sufficient to pass estate 93480 Deed acknowledged or proved as 93120 Words of inheritance unnecessary to convey recordability fee conveyances deemed to convey all 93490 Form of acknowledgments grantors estate 93500 Execution and acknowledgment of deed in 93130 Conveyance of land in of other states another 93510 Necessity for certificate acknowledging of 93140 No implied covenants ficers authority in another state 93150 Conveyance by tenant of greater estate than 93520 Execution and acknowledgment of in that possessed foreign countries 93160 Conveyance by reversioners and 93530 Execution acknowledgment and recordation men to life tenant vests fee of assignments of sheriffs certificates of 93170 Conveyance by spouse of insane person sale 93180 Tenancy in common when created joint tenancy abolished RECORDATION AND ITS EFFECTS 93190 Trustees or executors as joint tenants fill ing vacancies In office 93610 Separate books for recording deeds and 93200 Trustees or executors now hold as joint mortgages tenants 93620 Time and place of receipt for retard cer tification 93210 Presumption respecting deed from trustee 93630 Index of records of deeds and mortgages of undisclosed beneficiary 93640 Unrecorded conveyance or of 93220 Release limitation or restriction of power sheriffs certificate of sale void as to of appointment subsequent purchaser 93230 Copy of State Lands Division deed or patent 93650 Effect of record or certified transcript in given when original lost evidence 93240 Rights of sellers to deferred or unpaid bal 93660 Effect of abstract of as evidence ance of purchase price where two or more 93670 Power of attorney and executory persons join as sellers in contract of sale for sale or purchase of lands recordabil of ity effect as evidence revocation UNIFORM VENDOR AND PURCHASER 93680 Patents decrees in equity and official RISK ACT grants recordability evidence 93690 Recording of instruments evidencing pas 93290 Risk of loss after contract to sell realty has sage of title to land from United States been executed to State of Oregon 93295 Construction of ORS 93290 to 93300 93710 Instruments creating certain interests in 93300 Short title realty effect of recording 93720 Certificates of foreclosure entry of record DESCRIPTIONS INCLUDING THE OREGON 93730 Recordation of decrees in other counties COORDINATE SYSTEM 93740 Notice of Us pendens contents recordation 93310 Rules for construing description of real effect discharge property 93750 Recordability of telegraphic copies of pow 93320 Oregon Coordinate System zones ers of attorney and other acknowledged 93330 Definition instruments 93340 Use of terms in land description 93760 Recordability of documents orders and de 93350 Plane coordinates crees of the United States District Court 93360 Coordinates exempted from recordation 93770 Recordability of petitions orders and de 93370 Description as supplemental conflict in de crees under National Bankruptcy Act scription 93380 Purchaser or mortgagee not required to VALIDATING AND CURATIVE ACTS rely on description 93810 Validating and curative Acts EXECUTION ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS PENALTIES 93410 Execution and acknowledgment of deeds 93990 Penalties 725 CH 93 CROSS REFERENCES

CROSS REFERENCES

Cemetery lots of Ch 97 93020 Conveyances between spouses 108090 of frauds relating to realty agreements Cooperative corporation interests in realty effect of 41580 merger or consolidation 62160 93120 Cooperative corporation realty conveyance of 62125 Registered land use of heirs and assigns 94135 62165 93180 Corporate interests in realty effect of merger or consolidation 57480 by tenants in common 105205 Permanent separation of spouses changes tenancy Corporate realty conveyance of 57030 by entirety to tenancy in common 107280 County clerks duties of Ch 205 Employes trusts 128520 93410 Escrows regulation 696505 to 696580 Clerk of Supreme Court taking acknowledgments Farm land specially taxed recordation 308385 8120 Fees for recording indexing and certifying copies County clerk taking acknowledgments 205110 of instruments Ch 205 Execution of instrument defined 42020 Fraudulent conveyances Ch 95 Subdivisions conveyance of lots in 92310 Fraudulent intent conveyance with as a crime 93610 165220 Guardian conveying wards real property 126285 Assignment of mortgage recordability 86080 126406 to 126495 Contract to convey or instrument conveying statement of consideration 93030 Limited partnership realty conveyance of 69090 County clerks and recorders of conveyances duties claims recordation and conveyancing Mining of Ch 205 517090 Declaration and floor plans for property subject to Partnership realty conveyance of 68130 68220 unit ownership 91540 Presumption of conveyance by person under a duty Discharge of encumbrances on unit subject to unit to convey 4136038 ownership 91570 Public property held by taxable owner under con tract of purchase sale of 307100 Discharge of mortgage of record 86090 to 86130 Recorder of conveyances duties of Ch 205 93640 Recording or approval prior to sale or transfer of Application to chattel mortgages 86330 subdivision lots 92016 92025 Mechanics as prior to unrecorded mortgage or Reforestation land or forest crop thereon notice to other encumbrance 87025 tax collector State Forester and State Tax Com Priority between judgment lien and unrecorded mission required before transfer 321295 2 conveyance 18370 Restraining disposition of realty after commence 93650 ment of suit for divorce or annulment 107090 Subdivided property controlling sales and of Effect of photocopy of public record 192050 192070 92210 to 92390 Proof of public record of private writing 43340 Subdivision plat donation or grant to public con 93670 struction of 92150 Filing power of attorney as to registered land Title obtained by county in tax foreclosure proceed 94370 ings affecting 312214 to 312230 93690 Trust deed foreclosure of 86710 State Lands Divisions instruments and copies re Trustee conveying property of missing person cordability and effect as evidence 273085 273095 127070 93710 Trustees deed Interest conveyed to purchaser 86755 Interpretation of 1963 amendments 1963 c416 2 Land acreage description 86705 93730 Unit ownership deed for unit of property subject to Docketing judgment in other counties 18320 91565 91605 93740 Water rights transfer of Ch 540 Registered land filing notice of lis pendens affect 93010 ing 94515 Conveyance of land mortgaged to state as security 93810 for loan from Oregon War Veterans Fund ne Aliens property rights Const Art I 31 cessity of purchaser covenanting to assume Repeal of validating or curative effect of mortgage to validity of 407070 174070 Unit ownership conveyance of unit of property sub Stability of title obtained by county in past and ject to 91605 future tax foreclosures 312214

726 CONVEYANCING AND RECORDING 93140

GENERAL REQUIREMENTS FOR required by subsection 1 of this section DISPOSITION OF REALTY shall be made by a grantor or a grantee Fail ure to make such statement does not inval 93010 Conveyances how made Con date the conveyance veyances of lands or of any estate or inter 3 If the statement of consideration is est therein may be made by deed signed by the person of lawful age from whom the es in the body of the instrument preceding the signatures execution of the instrument shall tate or interest is intended to pass or by constitute a certification of the truth of the his lawful agent or attorney and acknowl edged or proved and recorded without any statement If there is a separate statement of consideration on the face of the instru other act or ceremony No seal of the grant or corporate or otherwise shall be required ment it shall be signed separately from the on the deed instrument and such execution shall consti tute a certification of the truth of the state Amended by 1965 c502 4 ment by the person signing No particular 93020 Creating transferring or declar form is required for the statement so long as ing estates or interests in realty 1 No es the requirements of this section are reason tate or interest in real property other than ably met a for term not exceeding one year nor 4 No instrument conveying or con any trust or power concerning such property tracting to convey fee title to any real estate can be created transferred or declared oth shall be accepted for recording by any county erwise than by operation of or by a con clerk or recording officer in this state unless veyance or other instrument in writing sub the statement of consideration required by scribed by the party creating transferring this section is included on the face of the or declaring it or by his lawful agent under instrument written authority and executed with such 5 This section applies to instruments formalities as are required by law executed on or after January 1 1968 1967 c462 1 3 1967 s c7 1 2 This section does not affect the pow er of a testator in the disposition of his real SPECIAL MATTERS IN PARTICULAR property by a last nor CONVEYANCES to prevent a trust from arising or being ex tinguished by implication or operation of 93110 Quitclaim deed sufficient to pass law nor to affect the power of a court to estate A deed of quitclaim and release of compel the specific performance of an agree the form in common use is sufficient to pass ment in relation to such property all the estate which the grantor could law fully convey by a deed of bargain and sale 93030 Contracts to convey or instru 93120 Words of inheritance unneces ments of conveyance to state consideration 1 All instruments conveying or contract sary to convey fee conveyances deemed to ing to convey fee title to any real estate shall convey all grantors estate The term heirs state on the face of such instruments the true or other words of inheritance is not neces and actual consideration paid for such trans sary to create or convey an estate in fee fer stated in terms of dollars As used in this simple Any conveyance of real estate passes section consideration includes the amount all the estate of the grantor unless the in of cash and the amount of any lien mort tent to pass a lesser estate appears by ex gage contract indebtedness or other encum press terms or is necessarily implied in the brance existing against the property to terms of the grant which the property remains subject or which 93130 Conveyance of land in adverse the purchaser agrees to pay or assume How possession of another No grant or convey ever if the actual consideration consists of ance of lands or interest therein is void for or includes other property or other value the reason that at the time of its execution given or promised neither the monetary the lands were in the actual possession of value nor a description of such other property another claiming adversely or value need be stated so long as it is noted on the face of the instrument that other prop 93140 No implied covenants No cove erty or value was either part or the wh le nant shall be implied in any conveyance of consideration real estate whether it contains special cove 2 The statement of consideration as nants or not 727 93150 PROPERTY RIGHTS AND TRANSACTIONS

93150 Conveyance by tenant of greater 93190 Trustees or executors as joint estate than that possessed A conveyance tenants filling vacancies in office 1 Ev made by a tenant for life or years purport ery conveyance deed of trust mortgage or ing to grant a greater estate than he pos devise of an interest or lien in or upon real sesses or could lawfully convey does not or to two or more persons work a forfeiture of his estate but passes as trustees or executors creates a joint ten to the grantee all the estate which the ten ancy in such interest or lien in the trustees ant could lawfully convey or executors unless it is expressly declared in the conveyance deed of trust mortgage 93160 Conveyance by reversioners and or devise that the trustees or executors remaindermen to life tenant vests fee shall take or hold the property as tenants Where real property has been devised to a in common or otherwise person for life and in case of the death of 2 If the conveyance deed of trust the life tenant without leaving lawful issue mortgage or devise provides for filling any born alive and living at the time of his vacancy in the office of trustee or executor death then to other heirs of the testator it may be filled as therein provided except a conveyance to the life tenant from all re ing that a court of competent jurisdiction versioners or remaindermen and all issue of may fill a vacancy in the trusteeship ac the life tenant as are in being of all their cording to the established rules and prin interest in the real property vests a fee ciples of equity In whichever way the va simple estate in the life tenant cancy is filled the new trustee shall hold the property with all powers rights and 93170 Conveyance by spouse of insane duties of an original trustee unless other person If a spouse is adjudged insane by a wise directed by conveyance deed of trust court having jurisdiction and is committed mortgage or devise or order or decree of to a public insane asylum during the con the court No vacancy in an executorship tinuance of such disability the other spouse shall be filled without an order therefor by may convey any real estate owned in his or a county court sitting in probate as in the her sole right and acquired after the other case of an original appointment of an ex spouse has been committed to the insane asy ecutor lum in the same manner as though they had never been married Such conveyance con 93200 Trustees or executors now hold veys the title thereto free from all estate as joint tenants All trustees or executors by the curtesy or in dower However in holding real or personal property in trust such cases neither has the power to convey on May 19 1905 hold as joint tenants and any real estate held and owned jointly ex not as tenants in common unless the con cept by proper proceedings in the probate veyance deed of trust mortgage or devise court after the appointment of a guardian or order or decree of court creating or ap for the insane person Any deed executed pointing the trustees or executors has de under this section shall be accompanied by clared otherwise the certificate of the superintendent of the insane asylum in which the person is de 93210 Presumption respecting d e e d tained to the effect that such person is un from trustee of undisclosed beneficiary If der such disability a deed to real estate has been made to a grantee in trust or designating the grantee 93180 Tenancy in common when cre as trustee and no beneficiary is indicated or ated joint tenancy abolished Every convey named in the deed a deed thereafter exe ance or devise of lands or interest therein cuted by such grantee conveying the prop made to two or more persons other than erty is presumed to have been executed with to executors and trustees as such creates a full right and authority and conveys prima tenancy in common unless it is expressly facie title to the property The grantee in declared in the conveyance or devise that the lastmentioned deed is under no duty the grantees or devisees take the lands as whatsoever to see to the application of the joint tenants Joint tenancy is abolished and purchase price If the last mentioned deed is recorded after June 7 1937 after five years all persons having an undivided interest in from its recording or if it was recorded real property are to be deemed and consid prior to June 7 1937 then after June 7 ered tenants in common 1942 the presumption is conclusive as to 728 CONVEYANCING AND 93240 any undisclosed beneficiary and the title to cordance with subsection 1 or 2 of this the real estate based upon the lastmen section is entitled to record in the proper tioned deed shall not be called in question county with like effect as the original deed by any one claiming as beneficiary under or patent Every such copy so certified may the first mentioned deed be read in evidence in any court in this state without further proof thereof The record 93220 Release limitation or restric of any such certified copy or a transcript tion of power of appointment 1 Any per thereof certified by the county clerk in son to whom there has been granted or whose office it may have been recorded reserved any power of appointment or other may be read in evidence in any court in this power by which he may elect to take any ac state with like effect as the original thereof tion affecting the disposition of property or the original lost deed or patent may at any time release or from time to Amended by 1967 c421 197 time limit or restrict such power in whole or in part by an instrument in writing evi 93240 Rights of sellers to deferred or dencing that purpose and subscribed by unpaid balance of purchase price where two him or more persons join as sellers in contract 2 If the power is one to affect title of sale of real property 1 Subject to the to real property the instrument shall be provisions contained in this section when executed acknowledged proved and record ever two or more persons join as sellers in ed or filed with the registrar of title in each the execution of a contract of sale of real county in which the land is situated in the property unless a contrary purpose is ex same manner as a conveyance of real prop pressed in the contract the right to receive erty payment of deferred instalments of the pur 3 If the power is of such nature that chase price shall be owned by them in the its exercise may affect the duty of any same proportions and with the same inci trustee or other fiduciary such trustee or dents as title to the real property was vest other fiduciary is not bound to take notice ed in them immediately preceding the ex thereof unless he has received the original ecution of the contract of sale or an executed duplicate of the release or a 2 If immediately preceding the execu copy thereof certified by the county clerk tion of any such contract one or more of the or county recorder of the county in which sellers held no estate in the real property it has been recorded covered thereby other than an inchoate es tate of or right to dower or curtesy then 93230 Copy of State Lands Division unless a contrary purpose is expressed in the deed or patent given when original lost 1 contract the joinder of such party or parties If parties to whom deeds have been issued by shall be deemed to have been for the purpose the Division of State Lands have lost such of barring dower or curtesy only and except deeds before they were placed on record in to the extent specifically prescribed therein the county wherein the land conveyed is lo such person or persons shall have no interest cated the Director of the Division of State in or right to any portion of the unpaid bal Lands on application of the party entitled ance of the purchase price of said real prop thereto shall cause a certified copy of the erty record of the deed in the office of the divi 3 If immediately prior to the execution sion to be issued under its seal of a contract of sale of real property title to 2 If parties to whom patents for lands any interest in the property therein described have been issued by the United States for was vested in the sellers or some of the lands in the State of Oregon have lost such sellers as tenants by the entirety or was patents before they were placed on record otherwise subject to any right of survivor in the county wherein the land conveyed is ship then unless a contrary purpose is ex located such parties or their successors in pressed in the contract the right to receive interest may apply to and obtain from the payment of deferred instalments of the pur Bureau of Land Management or its succes chase price of such property shall likewise sor agency copies of the records of such be subject to like rights of survivorship patents duly certified to be correct copies of 4 This section being declaratory of ex the original patents or of the record thereof isting law applies to contracts of sale of real by the appropriate federal officer property heretofore executed as well as to 3 Every certified copy issued in ac those hereafter executed Nothing contained 729 93290 PROPERTY RIGHTS AND TRANSACTIONS in this section shall be deemed to modify or tion is doubtful and there are no other suf amend the provisions of subsection 4 of ficient circumstances to determine it ORS 118010 relating to inheritance taxes 1 Where there are certain definite and payable by reason of succession by survivor ascertained particulars in the description ship as provided by subsection 3 of this the addition of others which are indefinite section unknown or false does not frustrate the 1957 c402 1 2 conveyance but it is to be construed by such particulars if they constitute a sufficient UNIFORM VENDOR AND PURCHASER description to ascertain its application RISK ACT 2 When permanent and visible or as certained boundaries or monuments are in 93290 Risk of loss after contract to sell consistent with the measurement either of realty has been executed Any contract made lines angles or surfaces the boundaries or on or after August 3 1955 in this state for monuments are paramount the purchase and sale of realty shall be in 3 Between different measurements terpreted as including an agreement that the which are inconsistent with each other that parties shall have the following rights and of angles is paramount to that of surfaces duties unless the contract expressly pro and that of lines paramount to both vides otherwise 4 When a road or stream of water 1 If when neither the legal title nor the not navigable is the boundary the rights possession of the subject matter of the con of the grantor to the middle of the road or tract has been transferred all or a material the thread of the stream are included in part thereof is destroyed without fault of the conveyance except where the road or the purchaser or is taken by eminent domain bed of the stream is held under another the vendor cannot enforce the contract and title the purchaser is entitled to recover any por 5 When tide water is the boundary tion of the price that he has paid the rights of the grantor to low water mark 2 If when either the legal title or the are included in the conveyance and also the possession of the subject matter of the con right of this state between high and low tract has been transferred all or any part water mark thereof is destroyed without fault of the 6 When the description refers to a vendor or is taken by eminent domain the map and that reference is inconsistent with other particulars it controls them if it ap purchaser is not thereby relieved from a pears that the parties acted with reference duty to pay the price nor is he entitled to to the map otherwise the map is subordi recover any portion thereof that he has nate to other definite and ascertained par paid ticulars 1955 c144 11 93320 Oregon Coordinate System 93295 Construction of ORS 93290 to zones 1 The system of plane coordinates 93300 ORS 93290 to 93300 shall be so in which has been established by the United terpreted and construed as to effectuate States Coast and Geodetic Survey for de their general purpose to make uniform the fining and stating the positions or loca law of those states which enact the Uniform tions of points on the surface of the earth Vendor and Purchaser Risk Act within the State of Oregon is known and 1955 c144 21 designated as the Oregon Coordinate Sys tem 93300 Short title ORS 93290 to 93300 2 For the purpose of the use of this may be cited as the Uniform Vendor and system the state is divided into a north Purchaser Risk Act zone and a south zone 1955 c144 3 3 The area included in the following DESCRIPTIONS INCLUDING THE counties on June 16 1945 constitutes the OREGON COORDINATE SYSTEM north zone Baker Benton Clackamas Clat sop Columbia Gilliam Grant Hood River 93310 Rules for construing description Jefferson Lincoln Linn Marion Morrow of real property The following are the rules Multnomah Polk Sherman Tillamook Um for construing the descriptive part of a con atilla Union Wallowa Wasco Washington veyance of real property when the construe Wheeler and Yamhill 730 CONVEYANCING AND RECORDING 93370

4 The area included in the following be named and in any land description in counties on June 16 1945 constitutes the which it is used it shall be designated the south zone Coos Crook Curry Deschutes Oregon Coordinate System north zone Douglas Harney Jackson Josephine Klam 2 As established for use in the south ath Lake Lane and Malheur zone the Oregon Coordinate System shall 5 The use of the term Oregon Coord be named and in any land description in inate System on any map report of sur which it is used it shall be designated the vey or other document is limited to coord Oregon Coordinate System south zone inates based on the Oregon Coordinate Sys 3 When any tract of land to be de tem as defined in ORS 93330 fined by a single description extends from one into the other of the coordinate zones 93330 Definition 1 For more precise mentioned in ORS 93320 the positions of ly defining the Oregon Coordinate System all points on its boundaries may be referred the following definition by the United to either of those zones the zone which is States Coast and Geodetic Survey is adopt used being specifically named in the de ed scription a The Oregon Coordinate System north zone is a Lambert conformal projec 93350 Plane coordinates The plane tion of the Clarke Spheroid of 1866 having coordinates of a point on the earths sur standard parallels at north latitudes 44 de face used in expressing the position or lo grees 20 minutes and 46 degrees 00 minutes cation of such point in the appropriate zone along which parallels the scale shall be ex of the Oregon Coordinate System shall con act The origin of coordinates is at the in sist of two distances expressed in feet and tersection of the meridian 120 degrees 30 decimals of a foot One of these distances minutes west of Greenwich and the parallel to be known as the xcoordinate shall give 43 degrees 40 minutes north latitude This the position in an east and west direction origin is given the coordinates x 2000 the other to be known as the ycoordi 000 feet and y 0 feet nate shall give the position in a north and b T h e Oregon Coordinate System south direction These coordinates shall be south zone is a Lambert conformal projec made to depend upon and conform to the tion of the Clarke Spheroid of 1866 having coordinates on the Oregon Coordinate Sys standard parallels at north latitudes 42 de tem of the triangulation and traverse sta grees 20 minutes and 44 degrees 00 minutes tions of the United States Coast and Geo along which parallels the scale shall be ex detic Survey within the State of Oregon as act The origin of coordinates is at the in those coordinates have been determined by tersection of the meridian 120 degrees 30 that survey minutes west of Greenwich and the parallel 93360 41 degrees 40 minutes north latitude This Coordinates exempted from re cordation No coordinates based on the Ore origin is given the coordinates x 2000 000 feet and y 0 feet gon Coordinate System purporting to define the position of a point on a land boundary 2 The position of the Oregon Coordi shall be presented to be recorded in any nate System shall be as marked on the public land records or deed records unless ground by triangulation or traverse stations that point is within onehalf mile of a tri established in conformity with the stand angulation or traverse station established in ards adopted by the United States Coast conformity with the standards prescribed in and Geodetic Survey for firstorder and sec ORS 93330 However the onehalf mile limi ondorder work whose geodetic positions tation may be modified by an authorized have been rigidly adjusted on the North state agency to meet local conditions American datum of 1927 and whose coordi nates have been computed on the system 93370 Description as supplemental defined in this section Any such station conflict in description If coordinates based may be used for establishing a survey con on the Oregon Coordinate System are used nection with the Oregon Coordinate System to describe any tract of land which in the same document is also described by refer 93340 Use of terms in land descrip ence to any subdivision line or corner of tion 1 As established for use in the north the United States public land surveys the zone the Oregon Coordinate System shall description by coordinates is construed as 731 93380 PROPERTY RIGHTS AND TRANSACTIONS supplemental to the basic description of that authorized to take acknowledgments of subdivision line or corner contained in the deeds and shall be made by a subscribing official plats and field notes filed of record witness thereto who shall state his own In the event of any conflict the description place of residence and that he knew the by reference to the subdivision line or cor person described in and who executed the ner of the United States public land surveys conveyance Such proof shall not be taken prevails over the description by coordinates unless the officer is personally acquainted with the subscribing witness or has satis 93380 Purchaser or mortgagee not re factory evidence that he is the same person quired to rely on description Nothing con who was a subscribing witness to the instru tained in ORS 93320 to 93370 requires any ment purchaser or mortgagee to rely on a descrip tion any part of which depends exclusively 93450 Proof where witnesses are dead upon the Oregon Coordinate System or absent When any grantor is dead out of this state or refuses to acknowledge his EXECUTION ACKNOWLEDGMENT AND deed and all the subscribing witnesses to PROOF OF INSTRUMENTS the deed are also dead or reside out of this 93410 Execution and acknowledgment state it may be proved before the circuit of deeds Deeds executed within this state court or any judge thereof by proving the of lands or any interest in lands therein handwriting of the grantor and of any sub shall be signed by the grantors and may be scribing witness thereto acknowledged before any judge of the Su preme Court circuit judge county judge 93460 Subpena to compel witness to justice of the peace or within testify to execution of deed Upon the appli the state No seal of the grantor corporate cation of any grantee or any person claim or otherwise shall be required on the deed ing under him verified by the oath of the The officer taking the acknowledgment shall applicant setting forth that the grantor is indorse thereon under his hand a certificate dead out of the state or refuses to ac of the acknowledgment thereof and the date knowledge his deed and that any witness to of making it the conveyance residing in the county where Amended by 1965 c502 5 the application is made refuses to appear and testify touching its execution and that 93415 Acknowledgment by married the conveyance cannot be proven without woman All acknowledgments of married his evidence any officer authorized to take women to conveyances of real property in this state shall be taken in the same manner the acknowledgment or proof of convey ances except a commissioner of deeds may as if they were unmarried issue a subpena requiring the witness to 93420 Execution of deed where per appear and testify before him touching the sonal representative is unable or refuses to execution of the conveyance act If any person is entitled to a deed from an executor administrator guardian or con 93470 Indorsement of certificate of servator who has died or resigned has been proof Every officer who takes the proof of discharged disqualified or removed or re any conveyance shall indorse a certificate fuses to execute it the deed may be exe thereof signed by himself on the convey cuted by the judge authorizing the sale or ance In the certificate he shall set forth by his successor those matters required by ORS 93440 to Amended by 1961 c344 104 93460 to be done known or proved to 93430 Officer taking acknowledgment gether with the names of the witnesses must know grantor No acknowledgment of examined before the officer and their places any executed conveyance shall be taken by of residence and the substance of the evi any officer unless he knows or has satisfac dence given by them tory evidence that the person making the acknowledgment is the individual described 93480 Deed acknowledged or proved as in and who executed the conveyance evidence recordability Every conveyance or certified in the 93440 Proof of execution by subscrib acknowledged proved ing witness Proof of the execution of any manner prescribed by law by any of the conveyance may be made before any officer authorized officers may be read in evidence 732 CONVEYANCING AND RECORDING 93530

without further proof thereof and is en of peace notary public or other officer au titled to be recorded in the county where thorized by the of the state territory the land is situated or district to take acknowledgment of deeds therein or before any commissioner appoint 93490 Form of acknowledgments Cer ed by the Governor of this state for that tificates of acknowledgment need not be in purpose any particular form A certificate substan tially in the following form is sufficient 93510 Necessity for certificate ac 1 By individuals knowledging officers authority in another state In the cases provided for in ORS State of Oregon County Jf ss A D 19 93500 unless the acknowledgment is taken Personally appeared the abovenamed before a commissioner appointed by the and acknowledged Governor of this state for that purpose or the foregoing instrument to be before a notary public certified under his voluntary act and deed Before me notarial seal or before the clerk of a court of record certified under the seal of the Official Seal Signature Title of Officer court the deed shall have attached thereto a certificate of the clerk or other proper 2 By a corporation certifying officer of a court of record of the State of Oregon County of ss county or district within which the acknowl A D 19 edgment was taken under the seal of his Personally appeared office that the person whose name is sub who being duly sworn or affirmed did scribed to the certificate of acknowledgment say that he is the president or other offi was at the date thereof such officer as he cer of is therein represented to be that he believes naming the corporation and that the seal the signature of such person subscribed affixed to the foregoing instrument is the thereto to be genuine and that the deed is corporate seal of said corporation and that executed and acknowledged according to the said instrument was signed and sealed in laws of such state territory or district behalf of said corporation by authority of its board of directors and he acknowledged 93520 Execution and acknowledgment said instrument to be its voluntary act and of deeds in foreign countries If a deed is deed Before me executed in any foreign country it may be Official Seal executed according to the laws of that Signature Title of Officer country or of the State of Oregon Its exe 3 By an attorney in fact cution may be acknowledged either accord

ss ing to the laws of the foreign country or of State of Oregon County of the State of Oregon before any notary pub A D 19 lic therein or before any minister pleni Personally appeared potentiary minister extraordinary minister who being duly sworn or affirmed did say resident charge daffaires commissioner that he is the attorney in fact for consul vice consul or consul general of the and that he executed the foregoing instru United States appointed to reside therein ment by authority of and in behalf of said The acknowledgment shall be certified there principal and he acknowledged said instru on by the officer taking it under his hand ment to be the act and deed of said princi and if taken before a notary public his seal pal Before me of office shall be affixed to the certificate Official Seal It is not necessary for any of such persons Signature Title of Officer to state in the certificate that the deed or instrument is executed according to the 93500 Execution and acknowledgment laws of such country of deed in other states If any deed is exe cuted in any other state territory or district 93530 Execution acknowledgment and of the United States it may be executed recordation of assignments of sheriffs cer according to the laws of that place or of the tificates of sale All assignments of sheriffs State of Oregon The execution may be ac certificates of sale of real property on exe knowledged either according to the laws of cution or mortgage foreclosure shall be exe such other place or the State of Oregon cuted and acknowledged and recorded in the before any judge of a court of record justice same manner as deeds of real property 7 33 93610 PROPERTY RIGHTS AND TRANSACTIONS

RECORDATION AND ITS EFFECTS of certified by the county clerk in whose 93610 Separate books for recording office it is recorded may be read in evidence deeds and mortgages Separate books shall in any court in the state with the like effect be provided by the county clerk in each as the original conveyance However the county for the recording of deeds and mort effect of such evidence may be rebutted by gages In one book all deeds left with the other competent testimony clerk shall be recorded at full length with 93660 Effect of abstract of title as the certificates of acknowledgment or proof evidence Any abstract of title to real prop of their execution and in the other all mort erty in this state certified by any person gages left with the county clerk shall in like regularly engaged in this state in the busi manner be recorded ness of preparing and certifying such ab stracts shall be received in all courts as 93620 Time and place of receipt for prima facie evidence of the existence con record certification The county clerk shall dition and nature of the record of all deeds certify upon every conveyance recorded by mortgages and other instruments convey him the time when it was received and a ances or shown or mentioned in the reference to the book and page where it is abstract as affecting the property and that recorded Every conveyance is considered the record is as described in such abstract recorded at the time it was so received 93670 Power of attorney and execu 93630 Index of records of deeds and tory contract for sale or purchase of lands mortgages The county clerk shall also keep recordability effect as evidence revocation a proper index direct and inverted to the 1 Every letter of attorney or other instru books for the recording of deeds and also ment containing a power to convey lands one to the books for the recording of mort as agent or attorney for the owner of such gages in which he shall enter alphabeti lands and every executory contract for the cally the name of every party to each sale or purchase of lands when acknowl instrument recorded by him with a refer edged or proved in the manner prescribed ence to the book and page where it is re for the acknowledgment or proof of convey corded ances may be recorded in the county clerks office of any county in which the lands to 93640 Unrecorded conveyance or as which such power or contract relates is signment of sheriffs certificate of sale void situated When so acknowledged or proved as to subsequent purchaser 1 Every con such letter instrument or contract and the veyance affecting the title of real property record thereof when recorded or the certi within this state which is not recorded as fied transcript of such record may be read provided by law is void as against any sub in evidence in any court in this state without sequent purchaser of the same real prop further proof of the same erty or any portion thereof in good faith 2 No letter of attorney or other in and for a valuable consideration whose con strument so recorded is deemed to be re veyance is first filed for record and as voked by any act of the party by whom it against the heirs and assigns of such pur was executed unless the instrument contain chaser ing such revocation is also recorded in the 2 Every assignment of sheriffs cer same office in which the instrument con tificates of sale of real property on execu taining the power was recorded tion or mortgage foreclosure which is not recorded in the records of deeds in the 93680 Patents decrees in equity and county where the land is situated within official grants recordability evidence 1 five days after its execution is void as The following are entitled to be recorded in against any subsequent purchaser of such the record of deeds of the county in which certificate of sale or the real property cov the lands lie in like manner and with like ered thereby or any portion thereof in good effect as conveyances of land duly acknowl faith and for a valuable consideration whose edged proved or certified assignment is first recorded a The patents from the United States or of this state for lands within this state 93650 Effect of record or certified b Decrees of courts of equity in this transcript in evidence The record of a con state requiring the execution of a convey veyance duly recorded or a transcript there ance of real estate within this state 734 CONVEYANCING AND RECORDING 93740

c Approved lists of lands granted to the party granted such interest or estate is this state or to corporations in this state in possession of the real property Any such d Conveyances executed by any offi interest when so acknowledged or proved or cer of this state by authority of law of lands certified in the manner prescribed by law by within this state any of the authorized officers may be read 2 The record of any such patent de in evidence without further proof thereof cree approved lists or deeds recorded or a Amended by 1963 e416 1 transcript thereof certified by the county 93720 Certificates of foreclosure clerk in whose office it is recorded may be entry of record 1 Whenever a decree fore read in evidence in any court in this state with like effect as the original closing a mortgage on real estate is returned in the circuit court of any county the clerk 93690 Recording of instruments evi of the court in counties where there is a dencing passage of title to land from United recorder shall make out a certificate stating States to State of Oregon 1 The Director that such mortgage has been foreclosed the of the Division of State Lands shall forward date of foreclosure and the number of the all patents and clear lists of land and other journal and page thereof in which such de documents evidencing that title to land has cree is entered The clerk shall deliver the passed from the United States to the State certificate to the recorder who shall enter of Oregon which have been or shall be upon the margin of the record of such mort received by the State of Oregon to the offi gage the word foreclosed and the date of cer in each county of the state in which any foreclosure with the number and page of the of such land is situated whose duty it is to journal of the decree record conveyances of real estate Upon the 2 In counties where the county clerk receipt of such patents clear lists or other acts as recorder of conveyances he shall documents the recording officer of the upon the entry of any decree foreclosing a county shall without charging or collecting mortgage on real estate make on the any fee therefor forthwith record the margin of the record of such mortgage the instruments in the records of deeds of the record provided for in subsection 1 of county and index them in the manner pro this section vided for indexing deeds When the record 93730 Recordation of decrees in other ing officer has properly recorded such instruments he shall return them to the counties A certified copy of any judgment Director of the Division of State Lands decree or order of confirmation affecting lands in this state made in any suit may be 2 When any such instrument includes land in more than one county the record of recorded in the records of deeds in any the instrument in each county need include county in which the land affected is wholly or partly situated by any party interested in only the description of the land lying wholly the land or suit After the transcript is so or partly in that county and all other land recorded the decree is notice to all persons may be indicated as omitted of such suit and the judgment order or 93710 Instruments creating certain in decree as completely as if the entire pro terests in realty effect of recording Any ceedings were had originally in the county in which the transcript is recorded The instrument creating a record of the transcript is prima facie evi a prendre or a leasehold interest or dence of title as therein determined oil gas or other mineral interest or estate in real property which is executed by the per 93740 Notice of lis pendens contents son from whom the interest is intended to recordation effect discharge In all suits pass and acknowledged or proved in the in which the title to or any interest in or manner provided for the acknowledgment or lien upon real property is involved affected proof of other conveyances may be indexed or brought in question any party thereto at and recorded in the records of deeds of real the commencement of the suit or at any property in the county where such real prop time during the pendency thereof may file erty is located Such recordation whether of record with the county clerk or other the instrument be recorded prior to or sub recorder of deeds of every county in which sequent to May 29 1963 constitutes notice any part of the premises lies except in the to third persons of the rights of the parties county in which the suit is brought a notice under the instrument irrespective of whether of the pendency of the action containing the 735 93750 PROPERTY RIGHTS AND TRANSACTIONS names of the parties the object of the suit recorded in the deed records of any county and the description of the real property in where the bankrupt owns or has an interest the county involved affected or brought in in real property question signed by the party or his attor ney From the time of filing the notice and VALIDATING AND CURATIVE ACTS from that time only the pendency of the 93810 Validating and curative Acts suit is notice to purchasers and incumbran The following are subjects of validating or cers of the rights and equities in the prem curative Acts applicable to this chapter ises of the party filing the notice The notice 1 Evidentiary effect and recordation shall be recorded in the same book and in of conveyances before 1854 the same manner in which mortgages are 2 Evidentiary effect and recordation recorded and may be discharged in like of certified copies of deeds issued by State manner as mortgages are discharged either Land Board prior to 1885 where original by such party or the attorney signing the deed was lost notice 3 Defective acknowledgments of mar 93750 Recordability of telegraphic ried women to conveyances prior to 1891 copies of powers of attorney and other ac 4 Foreign instruments executed prior knowledged instruments Any power of at to 1903 torney or other instrument in writing 5 Deeds of married women before proved or acknowledged and certified so as 1907 validity executed under power of at to be entitled to record may together with torney and record as evidence the certificate or proof or acknowledgment 6 Conveyances by reversioners and be sent by telegraph The telegraphic copy as remaindermen to life tenant defined in ORS 758090 shall prima facie have 7 Decrees affecting lands in more than the same effect in all respects and may be one county admitted to record and be recorded in the 8 Irregular deeds and conveyances same manner and with like effect as the defective acknowledgments irregularities in original judicial sales sales and deeds of executors administrators and guardians vested rights 93760 Recordability of documents or arising by adverse title recordation ders and decrees of the United States Dis 9 Defective acknowledgments trict Court 1 Copies of documents orders 10 Title to lands from or through and decrees in proceedings in the District aliens Court of the United States for the District of Subsection 1 enacted as 1854 D p 653 36 sub Oregon which have been certified by the section 2 enacted as 1885 p 78 3 subsection 3 enacted as 1891 p 152 2 subsection 4 enacted as clerk of such court and which affect title 1903 p17 2 subsection 5 enacted as 1907 c170 5 to real property in this state shall be en subsection 6 enacted as 1915 c247 1 subsection titled to be recorded in the deed records of 7 enacted as 1917 c329 subsection 8 enacted as 1943 c26 subsection 9 enacted as 1945 c380 5 any county in which such real property is amended by 1947 c579 1 subsection 10 enacted located as 1949 c350 2 2 Whenever any person presents to the recorder of conveyances or county clerk PENALTIES acting as such a certificate from the clerk 93990 Penalties 1 The giving of a of the United States District Court of the false statement of the true and actual con foreclosure of any mortgage on real estate sideration as required by ORS 93030 is pun the recorder shall make the record required ishable upon conviction by a fine of not by subsection 1 of ORS 93720 provided more than 500 in such section 2 Any person served with the subpena mentioned in ORS 93460 who without rea 93770 Recordability of petitions or sonable cause refuses or neglects to appear ders and decrees under National Bankruptcy or appearing refuses to answer upon oath Act Copies of any petition with the sched touching the matter mentioned in ORS ules omitted and copies of orders and de 93460 shall forfeit to the injured party 100 crees filed or made and entered in any pro He may also be committed to prison as for a ceeding under the National Bankruptcy contempt by the officer who issued the sub Act which have been certified by the clerk pena until he submits to answer on oath as of the United States District Court for the aforesaid District of Oregon shall be entitled to be Subsection 1 enacted as 1967 c462 2 36 CONVEYANCING AND RECORDING

CERTIFICATE OF LEGISLATWE COUNSEL Pursuant to ORS 173170 I Robert W Lundy Legislative Counsel do hereby certify that I have compared each section printed in this chapter with the original section in the enrolled bill and that the sections in this chapter are correct copies of the enrolled sections with the exception of the changes in form permitted by ORS 173160 and other changes specifically authorized by law Done at Salem Oregon Robert W Lundy on July 1 1968 Legislative Counsel

736 a 736b