Section 93.110 – Quitclaim deed sufficient to pass estate.
A deed of quitclaim and release, of the form in common use, is sufficient to pass all the estate which the grantor could lawfully convey by a deed of bargain and sale.
Section 93.120 – Words of inheritance unnecessary to convey fee; conveyances deemed to convey all grantor’s estate.
The term “heirs,” or other words of inheritance, is not necessary to create or convey an estate in fee simple. Any conveyance of real estate passes all the estate of the grantor, unless the intent to pass a lesser estate appears by express terms, or is necessarily implied in the terms of the grant.
Section 93.130 – Conveyance of land in adverse possession of another.
No grant or conveyance of lands or interest therein is void for the reason that at the time of its execution the lands were in the actual possession of another claiming adversely.
Section 93.140 – Implied covenants.
No covenant shall be implied in any conveyance of real estate, whether it contains special covenants or not, except as provided by ORS 93.850 to 93.870. [Amended by 1973 c.194 §6]
Section 93.150 – Conveyance by tenant of greater estate than that possessed.
A conveyance made by a tenant for life or years, purporting to grant a greater estate than the tenant possesses or could lawfully convey, does not work a forfeiture of the estate of the tenant, but passes to the grantee all the estate which the tenant could lawfully convey.
Section 93.160 – Conveyance by reversioners and remainderpersons to life tenant vests fee.
When real property has been devised to a person for life, and in case of the death of the life tenant without leaving lawful issue born alive and living at the time of death, then to other heirs of the testator, a conveyance to the life tenant from all reversioners or remainderpersons and all issue […]
Section 93.180 – Forms of tenancy in conveyance or devise to two or more persons.
(1) A conveyance or devise of real property, or an interest in real property, that is made to two or more persons: (a) Creates a tenancy in common unless the conveyance or devise clearly and expressly declares that the grantees or devisees take the real property with right of survivorship. (b) Creates a tenancy by […]
Section 93.190 – Trustees or personal representatives as joint tenants; filling vacancies in office.
(1) Every conveyance, deed of trust, mortgage or devise of an interest in or lien upon real or personal property to two or more persons as trustees or personal representatives, creates a joint tenancy in such interest or lien in the trustees or personal representatives unless it is expressly declared in the conveyance, deed of […]
Section 93.200 – Trustees or executors now hold as joint tenants.
All trustees or executors holding real or personal property in trust on May 19, 1905, hold as joint tenants and not as tenants in common unless the conveyance, deed of trust, mortgage or devise, or order or decree of court creating or appointing the trustees or executors has declared otherwise.
Section 93.210 – Presumption respecting deed from trustee of undisclosed beneficiary.
If a deed to real estate has been made to a grantee in trust or designating the grantee as trustee, and no beneficiary is indicated or named in the deed, a deed thereafter executed by such grantee conveying the property is presumed to have been executed with full right and authority and conveys prima facie […]
Section 93.220 – Release, limitation or restriction of power of appointment.
(1) Any person to whom there has been granted or reserved any power of appointment or other power by which the person may elect to take any action affecting the disposition of property may at any time release, or, from time to time, limit or restrict such power in whole or in part by an […]
Section 93.230 – Copy of Department of State Lands deed or patent given when original lost.
(1) If parties to whom deeds have been issued by the Department of State Lands have lost such deeds before they were placed on record in the county wherein the land conveyed is located, the Director of the Department of State Lands, on application of the party entitled thereto, shall cause a certified copy of […]
Section 93.240 – Rights to deferred installments of purchase price where two or more persons join as sellers of real property.
(1) Subject to the provisions contained in this section, whenever two or more persons join as sellers in the execution of a contract of sale of real property or sell and convey title to real property in exchange for a note for all or a part of the purchase price secured by either a mortgage […]
Section 93.250 – Effect of conveyance creating fee simple conditional or fee tail.
Every conveyance or devise of lands, or interest therein, made subsequent to September 9, 1971, using language appropriate to create a fee simple conditional or fee tail estate shall create an estate in fee simple absolute in the grantees or devisees of such conveyances or devises. Any future interest limited upon such an interest is […]
Section 93.260 – Tax statement information required in conveyancing instrument.
(1) All instruments prepared for the purpose of conveying or contracting to convey fee title to any real estate shall contain on the face of such instruments a statement in substantially the following form: ______________________________________________________________________________ Until a change is requested, all tax statements shall be sent to the following address: ______________________________________________________________________________ (2) Failure to contain […]
Section 93.265 – Notice to real property manager of certain actions; procedures; effect on title.
(1) A real estate property manager, as defined in ORS 696.010, may request notice of any pending action, claim, lien or proceeding relating to a parcel of real property by recording in the county clerk’s office of the county in which any portion of the real property is situated a request for any notice required […]
Section 93.268 – Notice to state agency of transfer or encumbrance of real property by title insurance company.
(1) As used in this section, “encumbrance” has the meaning given that term in ORS 411.692. (2) A title insurance company or agent that discovers the presence of a request for notice of transfer or encumbrance pursuant to ORS 411.694 in the deed and mortgage records when performing a title search on real property shall: […]
Section 93.269 – Declaration or covenant related to future fees, commissions or payments to declarant; recording; exceptions.
(1) An instrument that conveys, or contracts to convey, a fee simple interest in real property may not cause, or purport to cause, a declaration or covenant to be filed or recorded against the title to the real property if the declaration or covenant requires, or purports to require, the payment of a fee, commission […]
Section 93.270 – Certain restrictions in instruments prohibited; restriction on right of action.
(1) A person conveying or contracting to convey fee title to real property, or recording a declaration under ORS 94.580, may not include in an instrument for that purpose a provision: (a) Restricting the use of the real property by any person or group of persons by reason of race, color, religion, sex, sexual orientation, […]
Section 93.272 – Procedure for removal of certain restrictions.
(1) Except as otherwise provided in ORS 93.274, any owner of record of real property that is subject to an instrument conveying or contracting to convey fee title to the property, or a declaration recorded under ORS 94.580, that contains a provision that is in violation of ORS 93.270 may file a petition to remove […]