Chapter 214 Oregon Laws 1999

Session Law

AN ACT

HB 2295

Relating to statutory deed forms; amending ORS 93.850, 93.855, 93.860 and 93.865.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 93.850 is amended to read:

93.850. (1) Warranty deeds may be in the following form:

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____, Grantor, conveys and warrants to ____, Grantee, the following described real property free of encumbrances except as specifically set forth herein: (Describe the property conveyed.)

(If there are to be exceptions to the covenants described in [paragraph (c) of subsection (2) of this section] ORS 93.850 (2)(c), here insert such exceptions.)

(Following statement of exceptions, here insert statement required under ORS 93.040 (1).)

The true consideration for this conveyance is $____. (Here comply with the requirements of ORS 93.030.)

Dated this ____ day of ____, 19___.

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(2) A deed in the form of subsection (1) of this section shall have the following effect:

(a) It shall convey the entire interest in the described property at the date of the deed which the deed purports to convey.

(b) The grantor, the heirs, successors and assigns of the grantor, shall be forever estopped from asserting that the grantor had, at the date of the deed, an estate or interest in the land less than that estate or interest which the deed purported to convey and the deed shall pass any and all after acquired title.

(c) It shall include the following covenants, each of which shall run in favor of the grantee and the successors in title of the grantee as if written in the deed:

(A) That at the time of the delivery of the deed the grantor is seized of the estate in the property which the grantor purports to convey and that the grantor has good right to convey the same.

(B) That at the time of the delivery of the deed the property is free from encumbrances except as specifically set forth on the deed.

(C) That the grantor warrants and will defend the title to the property against all persons who may lawfully claim the same.

(3) If the grantor desires to exclude any encumbrances or other interests from the scope of the covenants of the grantor, such exclusions must be expressly set forth on the deed.

SECTION 2. ORS 93.855 is amended to read:

93.855. (1) Special warranty deeds may be in the following form:

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____, Grantor, conveys and specially warrants to ____, Grantee, the following described real property free of encumbrances created or suffered by the grantor except as specifically set forth herein: (Describe the property conveyed.)

(If there are to be exceptions to the covenants described in [this section] ORS 93.855 (2), here insert such exceptions.)

(Following statement of exceptions, here insert statement required under ORS 93.040 (1).)

The true consideration for this conveyance is $____. (Here comply with the requirements of ORS 93.030.)

Dated this ____ day of ____, 19___.

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(2) A deed in the form of subsection (1) of this section shall have the same effect as a warranty deed as described in ORS 93.850, except that the covenant of freedom from encumbrances shall be limited to those encumbrances created or suffered by the grantor and the covenant of warranty shall be limited to read: "That the grantor warrants and will defend the title to the property against all persons who may lawfully claim the same by, through or under the grantor."

(3) If the grantor desires to exclude any encumbrances or other interests from the scope of the covenants of the grantor, such exclusions must be expressly set forth on the deed.

SECTION 3. ORS 93.860 is amended to read:

93.860. (1) Bargain and sale deeds may be in the following form:

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____, Grantor, conveys to ____, Grantee, the following described real property: (Describe the property conveyed.)

(Following description of property, here insert statement required under ORS 93.040 (1).)

The true consideration for this conveyance is $____. (Here comply with the requirements of ORS 93.030.)

Dated this ____ day of ____, 19___.

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(2) A deed in the form of subsection (1) of this section shall have the following effect:

(a) It shall convey the entire interest in the described property at the date of the deed which the deed purports to convey.

(3) A bargain and sale deed shall not operate to provide any covenants of title in the grantee and the successors of the grantee.

SECTION 4. ORS 93.865 is amended to read:

93.865. (1) Quitclaim deeds may be in the following form:

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____, Grantor, releases and quitclaims to ____, Grantee, all right, title and interest in and to the following described real property: (Describe the property conveyed.)

(Following description of property, here insert statement required under ORS 93.040 (1).)

The true consideration for this conveyance is $____. (Here comply with the requirements of ORS 93.030.)

Dated this ____ day of ____, 19___

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(2) A deed in the form of subsection (1) of this section shall have the effect of conveying whatever title or interest, legal or equitable, the grantor may have in the described property at the date of the deed but shall not transfer any title or interest which the grantor may thereafter obtain nor shall it operate as an estoppel.

(3) A grantee taking title by way of a quitclaim deed shall not, merely because of receipt of title by or through such a deed, be denied the status of a good faith purchaser for value.

Approved by the Governor June 3, 1999

Filed in the office of Secretary of State June 3, 1999

Effective date October 23, 1999

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