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Oregon Warranty Deed

An Oregon warranty deed guarantees clear title and defends the buyer against claims. Oregon codifies it at ORS 93.850, recorded with the county clerk. Attorney review available.

Introduction

Oregon codifies a true statutory warranty deed at ORS 93.850, where the operative words conveys and warrants carry the grantor's covenant to warrant and defend the title against all persons who may lawfully claim it, along with covenants of seizin and freedom from encumbrances. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. Oregon is one of the states that codifies a true warranty deed. Under ORS 93.850 the operative words conveys and warrants carry three covenants: that the grantor is seized of the estate 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. An Oregon warranty deed also passes any and all after-acquired title (ORS 93.850(2)(b)). Oregon separately codifies a special warranty deed (ORS 93.855), which warrants only against claims arising by, through or under the grantor, and a bargain and sale deed (ORS 93.860), which carries no covenants of title. You record the signed, notarized deed with the county clerk of the county where the property sits (ORS 205.130). DocDraft builds your Oregon deed from your facts, with attorney review available before you record.

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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.

Key decisions before you file

Before you file a Warranty Deed in Oregon, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.

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OREGON WARRANTY DEED (Statutory general warranty deed; ORS 93.850)

RECORDING REQUESTED BY: [NAME] AFTER RECORDING RETURN TO: [NAME AND ADDRESS] UNTIL A CHANGE IS REQUESTED, SEND TAX STATEMENTS TO: [NAME AND ADDRESS] Tax Account / Map and Tax Lot Number: [NUMBER]

  1. GRANTOR. [GRANTOR NAME], whose address is [ADDRESS], (Grantor).

  2. GRANTEE. [GRANTEE NAME], whose address is [ADDRESS], (Grantee).

  3. CONVEYANCE AND WARRANTY. For the consideration stated below, Grantor conveys and warrants to Grantee the following described real property free of encumbrances except as specifically set forth herein. By the operative words convey and warrant, ORS 93.850 supplies three covenants running with the land: that at the time of delivery Grantor is seized of the estate that the deed purports to convey and has good right to convey it; that at the time of delivery the property is free from encumbrances except as specifically set forth on this deed; and that Grantor warrants and will defend the title to the property against all persons who may lawfully claim the same. (For a warranty limited to Grantor's own acts, use a special warranty deed under ORS 93.855; for a conveyance without any covenants of title, use a bargain and sale deed under ORS 93.860.)

  4. PROPERTY. All that real property in the County of [COUNTY], State of Oregon, described as: [INSERT LEGAL DESCRIPTION; attach Exhibit A if lengthy].

  5. ENCUMBRANCES. The property is conveyed free of encumbrances except the following, which are specifically set forth: [LIST ANY EASEMENTS, RESTRICTIONS, OR LIENS, or state NONE].

  6. AFTER-ACQUIRED TITLE. Any title Grantor later acquires in the property passes to Grantee, and Grantor and Grantor's heirs, successors, and assigns are estopped from asserting a lesser interest (ORS 93.850(2)(b)).

  7. CONSIDERATION. The true and actual consideration for this conveyance is $[AMOUNT] (ORS 93.030). [If other property or value is part of the consideration, so note here.]

BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, the person transferring fee title should inquire about the person's rights, if any, under applicable land use laws (ORS 93.040 statutory warning).

Executed on [DATE].

[GRANTOR NAME], Grantor

ACKNOWLEDGMENT (ORS 93.410) State of Oregon, County of ______________ This instrument was acknowledged before me on [DATE] by [GRANTOR NAME].

Notary Public for Oregon My commission expires: ____________

Note: This is an Oregon statutory general warranty deed. Oregon codifies the warranty deed at ORS 93.850, and the operative words convey and warrant supply the covenants of seizin and good right to convey, freedom from encumbrances except as set forth, and defense of title against all persons. It also passes any after-acquired title (ORS 93.850(2)(b)). Record the signed, notarized deed with the county clerk of the county where the property sits (ORS 205.130) and state the true consideration on its face (ORS 93.030). The first page must show the parties, the return-to name and address, and the consideration (ORS 205.234). Oregon does not require subscribing witnesses or a grantor seal, and no state transfer tax applies except in Washington County. Confirm current recorder formatting and fees with your county. For the generic template and other states, see the full Warranty Deed template hub.

Once your Warranty Deed is ready, you can check whether it needs to be notarized in Oregon in about a minute, and notarize it online through DocDraft if it does.

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.

Does your Warranty Deed need to be notarized in Oregon?

Whether a Warranty Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has and does not transfer after-acquired title. Oregon codifies both: the general warranty deed at ORS 93.850, whose operative words conveys and warrants carry covenants of seizin, freedom from encumbrances, and defense of title, and the quitclaim deed at ORS 93.865, which conveys only the grantor's present interest with no warranty.

Under ORS 93.850 an Oregon general warranty deed carries three covenants: that at delivery the grantor is seized of the estate and has good right to convey it, that the property is free from encumbrances except as specifically set forth on the deed, and that the grantor warrants and will defend the title against all persons who may lawfully claim it. It also passes any and all after-acquired title and estops the grantor from later claiming a lesser interest (ORS 93.850(2)(b)). The protection reaches title defects that predate the grantor's ownership.

Oregon uses a warranty deed, not a grant deed. Oregon codifies four statutory deed forms in ORS 93.850 to 93.870: the general warranty deed (ORS 93.850, operative words conveys and warrants), the special warranty deed (ORS 93.855), the bargain and sale deed (ORS 93.860, no covenants of title), and the quitclaim deed (ORS 93.865). The forms are permissive, not mandatory (ORS 93.870). Oregon title practice commonly uses the warranty deed for sales and the bargain and sale deed where no covenants are wanted.

You record the signed, notarized deed with the county clerk of the county where the property is located (ORS 205.130). The grantor's signature must be acknowledged before a notary or other authorized officer first (ORS 93.410). 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, which is why you should record promptly (ORS 93.640).

Oregon does not require an attorney to prepare or record a deed; an individual may prepare and record their own warranty deed. Because a deed transfers title and a mistake in the legal description, the covenants, or the vesting can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your Oregon deed from your facts, with attorney review available as an option before you record.

It must be notarized. Before an Oregon deed can be recorded, the grantor's signature has to be acknowledged before a notary or other authorized officer (ORS 93.410). Oregon does not require subscribing witnesses for a deed, and no seal is required, so a proper notarial acknowledgment is what allows the county clerk to record it.

Almost never. Oregon prohibits state and local real estate transfer taxes (ORS 306.815). The only exception is Washington County, which levies a grandfathered tax of 1 dollar per 1,000 dollars of the selling price. Everywhere else in Oregon there is no transfer tax, though the true and actual consideration must still be stated on the face of the deed (ORS 93.030).

A general warranty deed (ORS 93.850) warrants title against all persons who may lawfully claim it, including defects that predate the grantor's ownership. A special warranty deed (ORS 93.855) warrants only against claims arising by, through or under the grantor, so it covers the grantor's own acts but not earlier title problems. Oregon also codifies a bargain and sale deed (ORS 93.860) that conveys the property but gives no covenants of title at all.