Chapter 93 1968 REPLACEMENT BART Conveyancing and Recording GENERAL REQUIREMENTS FOR DISPOSITION 93415 Acknowledgment by married woman OF REALTY 93420 Execution of deed 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 Contracts 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 Quitclaim deed sufficient to pass estate 93480 Deed acknowledged or proved as evidence 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 adverse possession 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 deeds in that possessed foreign countries 93160 Conveyance by reversioners and remainder 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 assignment 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 title as evidence ance of purchase price where two or more 93670 Power of attorney and executory contract persons join as sellers in contract of sale for sale or purchase of lands recordabil of real property 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 conveyancing of Ch 97 93020 Conveyances between spouses 108090 Statute 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 Partition 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 real estate 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 lien 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 leases 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 statutes 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 lease 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 law 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