Oregon Warranty Deed

Introduction

Key Things to Know

1. 1

   An Oregon warranty deed uses the words conveys and warrants (ORS 93.850) to warrant and defend title against all who may lawfully claim it, and it also passes any after-acquired title. A bargain and sale deed (ORS 93.860) carries no such covenants.

2. 2

   Oregon codifies a general warranty deed at ORS 93.850. The operative words conveys and warrants carry three covenants: the grantor is seized and has good right to convey, the property is free of encumbrances except as specifically set forth, and the grantor warrants and will defend the title against all persons who may lawfully claim it.

3. 3

   An Oregon warranty deed passes any and all after-acquired title and estops the grantor from later claiming a lesser interest (ORS 93.850(2)(b)). A special warranty deed (ORS 93.855) warrants only against claims by, through or under the grantor, and a bargain and sale deed (ORS 93.860) gives no covenants of title.

4. 4

   You record the signed deed with the county clerk of the county where the property is located (ORS 205.130). Oregon follows a notice, first-to-record priority rule, so recording promptly protects you against a later good-faith purchaser (ORS 93.640).

5. 5

   The grantor's signature must be acknowledged before a notary or other authorized officer before the deed can be recorded (ORS 93.410). Oregon does not require subscribing witnesses for a deed, and no seal is required.

6. 6

   Oregon prohibits state and local real estate transfer taxes (ORS 306.815). The one exception is Washington County, which charges a grandfathered tax of 1 dollar per 1,000 dollars of the selling price. The true consideration must still be stated on the face of the deed (ORS 93.030).

7. 7

   Oregon is not a community property state and has abolished dower and curtesy (ORS 112.685), so a non-owner spouse's signature is not required to convey property titled solely in the grantor's name. Confirm how title is held before signing.

Oregon Requirements for Warranty Deed

• Title Guarantee and Covenants

  A warranty deed guarantees clear title and defends the buyer against claims. Oregon codifies a general warranty deed at ORS 93.850: the operative words conveys and warrants carry the covenants that the grantor is seized and has good right to convey, that the property is free of encumbrances except as specifically set forth, and that the grantor warrants and will defend the title against all persons who may lawfully claim it.

• Warranty Deed Form and After-Acquired Title

  Oregon codifies a statutory short-form general warranty deed in which the operative words are conveys and warrants (ORS 93.850). The deed also passes any and all after-acquired title and estops the grantor from later claiming a lesser interest (ORS 93.850(2)(b)). The forms in ORS 93.850 to 93.870 are permissive, not mandatory (ORS 93.870).

• Record with the County Clerk

  Record the signed, notarized deed with the county clerk of the county in which the real property is situated (ORS 205.130). Oregon follows a notice, first-to-record priority rule, so a conveyance recorded first by a good-faith purchaser generally prevails over an earlier unrecorded one (ORS 93.640). Record promptly to protect your interest.

• Notary Acknowledgment, No Witnesses

  Before recording, the grantor signature must be acknowledged before a notary or other authorized officer (ORS 93.410). Oregon does not require subscribing witnesses for a deed, and no seal of the grantor is required, so a proper notarial acknowledgment is the recording path.

• No State Transfer Tax; State Consideration

  Oregon prohibits state and local real estate transfer taxes (ORS 306.815). The one exception is Washington County, which levies a grandfathered tax of 1 dollar per 1,000 dollars of the selling price. Everywhere else there is no transfer tax, but the true and actual consideration must be stated on the face of the deed (ORS 93.030).

• Legal Description and Parties

  Identify the grantor and grantee, state the true consideration, and include the full legal description of the property (not just the street address or tax lot number). The first recorded page must show the parties, the return-to name and address, and the consideration (ORS 205.234). Errors in the legal description or vesting are a common and costly source of later title problems.

• No Spousal Joinder Required

  Oregon is not a community property state and has abolished dower and curtesy (ORS 112.685), so a non-owner spouse's signature is not required to convey property titled solely in the grantor's name. If title is held jointly, all owners of record must sign. Confirm how title is held before signing to avoid a defective transfer.

• General vs Special Warranty Deed: Choosing the Instrument

  Choose the deed to match the protection intended. A general warranty deed (ORS 93.850) warrants title against all claims, including those predating the grantor. A special warranty deed (ORS 93.855) warrants only against claims by, through or under the grantor. A bargain and sale deed (ORS 93.860) gives no covenants of title, and a quitclaim (ORS 93.865) gives none and no after-acquired title. The reason for the transfer usually points to the right one.