Oregon Statutes 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 that provision from the title to the property. The petition shall be filed in the circuit court for the county in which the property is located. For a petition filed under this section, the court may not charge any filing fees to the petitioner and may not award a prevailing party fee to any party. The petition shall contain:
Terms Used In Oregon Statutes 93.272
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) The name and mailing address of the person filing the petition;
(b) The name and mailing address of all owners of record of the property;
(c) The legal description of the property subject to the provision in violation of ORS § 93.270; and
(d) A clear reference to the provision claimed to be in violation of ORS § 93.270.
(2) Notice and a copy of the petition shall be served on all owners of record in any manner provided for in ORCP 7. The notice shall inform the owners of record that:
(a) The petition seeks the removal of a provision that is in violation of ORS § 93.270 from the title to the property;
(b) The person served may request a hearing within 10 days after service of the petition; and
(c) The court is authorized to enter a default judgment removing the provision if no hearing is requested by the owners of record.
(3) The petitioner shall file with the court proof of service in the manner provided in ORCP 7 F. If no request for hearing is made by any person served within 10 days after service on that person, the court shall enter a judgment removing the provision from the title to the property if the court determines that the provision is in violation of ORS § 93.270.
(4) If a hearing is requested by any person served under subsection (2) of this section, the clerk of the court shall schedule a hearing within 20 days after the filing of the request for a hearing. The clerk of the court shall mail notification of the hearing date to the petitioner and to all owners of record listed in the petition.
(5) At any hearing under the provisions of this section, the sole issue that shall be decided by the court is whether the provision that is the subject of the petition is in violation of ORS § 93.270. The matter shall be tried to the court sitting without jury. If the court finds that the provision is not in violation of ORS § 93.270, the court shall dismiss the petition. If the court finds that the provision is in violation of ORS § 93.270, the court shall enter a judgment removing the provision from the title to the property.
(6) If a court finds only part of a provision to be in violation of ORS § 93.270 under this section, the court shall enter a judgment removing only that part of the provision that is in violation.
(7) For the purposes of this section, ‘owner of record’ means a person having any legal or equitable interest in property, including, but not limited to, a purchaser, lienholder or holder of any security interest in such property whose interest is recorded in the public records provided for by Oregon statutes where the owner’s interest must be recorded to perfect a lien or security interest or provide constructive notice of the owner’s interest. [1991 c.850 § 2; 2018 c.35 § 3]
[1989 c.523 § 2; renumbered 93.275 (3) in 1993]