Oregon Statutes 93.850 – Warranty deed form; effect
(1) Warranty deeds may be in the following form:
Terms Used In Oregon Statutes 93.850
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Grantor: The person who establishes a trust and places property into it.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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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 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 _____, 2___.
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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. [1973 c.194 § 1; 1999 c.214 § 1]