Rules for construing description of real property
Source:
Section 93.310 — Rules for construing description of real property, https://www.oregonlegislature.gov/bills_laws/ors/ors093.html
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Notes of Decisions
When a conveyance describes property as bordering on a street, absent an express provision in the conveyance to the contrary, such a conveyance includes the fee to the street. Fossi v. Myers, 271 Or 611, 533 P2d 337 (1975)
Bank of waterway is “monument” for purposes of reconciling inconsistency between boundaries or monuments and measurement of lines, angles or surfaces. Belmont v. Umpqua Sand and Gravel, 273 Or 581, 542 P2d 884 (1975); Denison v. Hodge, 196 Or App 248, 100 P3d 1144 (2004), Sup Ct review denied
Where there are irreconcilable descriptions in an instrument of conveyance, the court must choose that description which best comports with the intention of the parties considering all the circumstances attending the conveyance. McCoshum v. Hoselton, 273 Or 778, 543 P2d 657 (1975)
This section does not effect a transfer of tidelands along the Columbia River which belongs to the state rather than the upland owner due to the failure of the original grantee to purchase the tidelands under the proper statutory procedure, distinguishing McAdam v. Smith, 221 Or 48, 350 P2d 689 (1960). State Land Bd. v. Heuker, 25 Or App 137, 548 P2d 1323 (1976)
Where original deed in chain of title contained “impossible particular” which described nonexistent point of intersection between rimrock and river, and intent of parties to original deed could not be ascertained, disputed property was left unconveyed. Tab Enterprises v. Heare, 37 Or App 879, 588 P2d 671 (1978)