Find the right Oregon real estate form

Oregon real estate conveyances are governed primarily by Chapter 93 of the Oregon Revised Statutes. Oregon requires specific statutory language in certain transfers of fee title, making disclosure compliance a central feature of conveyancing practice.

Mandatory Statutory Statement

Instruments transferring or contracting to transfer fee title to real property must include the statutory statement required by ORS 93.040. This disclosure language must appear in the body of the instrument. Owner sale agreements and earnest money receipts are also subject to statutory statement requirements under ORS 93.040(2).

Form and Execution

A conveyance of land or any estate or interest in land must be made by written deed signed by the grantor (or the grantor’s authorized agent), acknowledged or proved, and recorded in the county where the property is located (ORS 93.010).

Oregon provides statutory deed forms that may be used, though their use is permissive rather than mandatory. Warranty deeds and quitclaim deeds are commonly used in this state.

A deed executed in Oregon must be acknowledged before a judge, justice of the peace, or notary public (ORS 93.410). While witnesses are not required, proof of execution may be made by a subscribing witness (ORS 93.440). County clerks may refuse to record a deed that lacks original signatures of the grantor and the acknowledging officer (ORS 93.804).

Ownership and Alien Provisions

Any person of lawful age may acquire and convey real property in Oregon. The primary statutory limitation on alien ownership concerns the purchase of state-owned lands, which is restricted to U.S. citizens or those who have declared an intention to become citizens (ORS 273.255). Outside of those limited circumstances, property may be held individually or as tenants in common.

A conveyance is not invalid merely because the property is in the actual possession of another person claiming adversely at the time of execution (ORS 93.130).

Recording and Constructive Notice

To provide constructive notice, an instrument must be recorded in the county where the property is located and properly indexed pursuant to ORS 205.130. Recording—and not mere possession or other notice—constitutes constructive notice, subject to statutory limitations (ORS 93.643).

Oregon follows a race-notice recording statute. An unrecorded conveyance is void as against a subsequent purchaser in good faith and for valuable consideration whose instrument is first filed for record (ORS 93.640). Recording priority is determined by the order of filing.

Because Oregon requires inclusion of statutory disclosure language, proper acknowledgment, and recording in indexed county records to establish priority, careful drafting and prompt filing are essential to ensure that a conveyance is valid and protected against later claims.