2015 ORS 93.020¹
Creating, transferring or declaring estates or interests in realty

(1) No estate or interest in real property, other than a lease for term not exceeding one year, nor any trust or power concerning such property, can be created, transferred or declared otherwise than by operation of law or by a conveyance or other instrument in writing, subscribed by the party creating, transferring or declaring it, or by the lawful agent of the party under written authority, and executed with such formalities as are required by law.

(2) This section does not affect the power of a testator in the disposition of real property by a last will and testament, nor to prevent a trust from arising or being extinguished by implication or operation of law, nor to affect the power of a court to compel the specific performance of an agreement in relation to such property.

Notes of Decisions

Constructive trust is trust arising by opera­tion of law and therefore is not prevented from arising by need to rely on oral agree­ment to prove existence of trust. Person v. Pagnotta, 273 Or 420, 541 P2d 483 (1975)

Statute of Frauds makes oral trust void at elec­tion of trustee rather than making it nullity. Smiley v. King, 278 Or 555, 564 P2d 1348 (1977)

Chapter 93

Atty. Gen. Opinions

Records involving title to real prop­erty registered under the Torrens system, (1972) Vol 35, p 1032


1 Legislative Counsel Committee, CHAPTER 93—Conveyancing and Recording, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors093.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 93, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano093.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.