Real Estate Conveyances

What We'll Cover

• Title
• Types of Deeds
• Deed Requirements
• Misc.

What is "Title"

Marketability of Title

Origin of Deeds

Statute of Frauds

Oregon Deed Forms

• Adopted in 1973
• Defined terms, effects and covenants
• Use is NOT mandatory

Statutory Deed Types

• Warranty Deed
• Special Warranty Deed
• Bargain & Sale Deed
• Quitclaim Deed
• Transfer on Death Deed

Statutory Warranty Deed

• Conveys Property
• Warrants title to be free from encumbrances except as specifically stated

Statutory Special Warranty Deed

• Same effect as warranty deed
• Typically used for land sale contracts

Statutory Bargain & Sale Deed

• Conveys title
• Does not refer to encumbrances
• Don't use without title insurance

Statutory Quitclaim Deed

• Release and "quitclaims" all rights, title and interest
• NO warranties of title

Statutory Transfer on Death Deed

• Must be recorded before death
• Avoids probate
• Title goes to stated beneficiary

Land Sale Contracts

• Equitable Title
• Legal Title
• When used

Estates in Land

• Fee Simple Absolute
• Tenants in Common
• Life Estate
• Remainders (“. . . to A for life, then to B.”)

Elements of Deeds

Designation of Parties

Idem sonans

Married Couples

• Tenants in Common
• Tenants by the Entirity
• What if not lawfully married?

Corporate Entities

• The Oregon Feed & Seed Company
• Oregon Feed and Seed Co.
• www.filinginoregon.com

Words of Conveyance

Legal Description

Execution

Recording

• Acknowledgement
• Consideration
• County Recorder's Office
• Cover Page Requirements

Restraints on Alienation

Other Ways to Receive Interest in Land

• Adverse Possession
• Easement by Prescription
• Escheat

Contact:
Kevin Harker
kevin@calaw.attorney
503-922-1939