2017 ORS 205.450¹
Definitions for ORS 205.450 to 205.470

As used in ORS 205.450 (Definitions for ORS 205.450 to 205.470) to 205.470 (Liability for filing invalid claim of encumbrance):

(1) “Encumbrance” means a claim, lien, charge or liability attached to and binding property.

(2) “Encumbrance claimant” means a person who purportedly benefits from the filing of an encumbrance.

(3) “Federal official or employee” has the meaning given the term “employee of the government” in the Federal Tort Claims Act (28 U.S.C. 2671).

(4) “Filing” includes filing or recording.

(5) “Invalid claim of encumbrance” means a claim of encumbrance that is not a valid claim of encumbrance.

(6) “Property” includes, but is not limited to, real and personal property.

(7) “State or local official or employee” means an appointed or elected official, employee or agent of:

(a) A branch of government of this state or a state agency, board, commission or department of a branch of government of this state;

(b) A public university listed in ORS 352.002 (Public universities);

(c) A community college or local school district in this state;

(d) A city, county or other political subdivision in this state; or

(e) A public corporation in this state.

(8) “Valid claim of encumbrance” is an encumbrance that:

(a) Is an encumbrance authorized by statute;

(b) Is a consensual encumbrance recognized under the laws of this state; or

(c) Is an equitable, constructive or other encumbrance imposed by a court of competent jurisdiction. [1997 c.290 §1; 2005 c.22 §156; 2011 c.637 §70]

Notes of Decisions

Notice of lis pendens recorded pursuant to ORS 93.740 (Notice of lis pendens) is encumbrance for purposes of sec­tion. Vukanovich v. Kine, 251 Or App 807, 285 P3d 733 (2012), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 205—County Clerks, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors205.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 205, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano205.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.