2017 ORS 93.850¹
Warranty deed form
  • • effect

(1) Warranty deeds may be in the following form:

______________________________________________________________________________

_____, Grantor, conveys and warrants to_____, Grantee, the following described real property free of encumbrances except as specifically set forth herein: (Describe the property conveyed.)

(If there are to be exceptions to the covenants described in ORS 93.850 (Warranty deed form) (2)(c), here insert such exceptions.)

(Following statement of exceptions, here insert statement required under ORS 93.040 (Mandatory statements for sales agreements, earnest money receipts or other instruments for conveyance of fee title to real property) (1).)

The true consideration for this conveyance is $_____. (Here comply with the requirements of ORS 93.030 (Contracts to convey, instruments of conveyance and related memoranda to state consideration).)

Dated this _____ day of_____, 2___.

______________________________________________________________________________

(2) A deed in the form of subsection (1) of this section shall have the following effect:

(a) It shall convey the entire interest in the described property at the date of the deed which the deed purports to convey.

(b) The grantor, the heirs, successors and assigns of the grantor, shall be forever estopped from asserting that the grantor had, at the date of the deed, an estate or interest in the land less than that estate or interest which the deed purported to convey and the deed shall pass any and all after acquired title.

(c) It shall include the following covenants, each of which shall run in favor of the grantee and the successors in title of the grantee as if written in the deed:

(A) That at the time of the delivery of the deed the grantor is seized of the estate in the property which the grantor purports to convey and that the grantor has good right to convey the same.

(B) That at the time of the delivery of the deed the property is free from encumbrances except as specifically set forth on the deed.

(C) That the grantor warrants and will defend the title to the property against all persons who may lawfully claim the same.

(3) If the grantor desires to exclude any encumbrances or other interests from the scope of the covenants of the grantor, such exclusions must be expressly set forth on the deed. [1973 c.194 §1; 1999 c.214 §1]

Notes of Decisions

This sec­tion does not preclude implica­tion of a warranty of habitability in the sale of new dwelling houses where the seller is a builder-vendor; overruling Steibner v. Palumbo, 219 Or 479, 347 P2d 978 (1959). Yepsen v. Burgess, 269 Or 635, 525 P2d 1019 (1974)

Warranty against encumbrances includes warranty against nonexcluded encumbrances that were known to grantee at time of conveyance. Leach v. Gunnarson, 290 Or 31, 619 P2d 263 (1980)

It was not error for trial court to decide that prescriptive ease­ment for driveway was encumbrance within meaning of this sec­tion and to grant summary judg­ment where defendant did not present evidence from which reasonable per­son could conclude that ease­ment came with an excep­tion to general rule that warranty deed warrants against all encumbrances unless expressly set forth in deed. Brown v. Baker, 67 Or App 283, 677 P2d 741 (1984)

Warranty that grantor is seized of estate and has right to convey has no common law or other excep­tion for adverse pos­ses­sion. Wright v. Hinnekamp, 69 Or App 591, 687 P2d 163 (1984)

Under statutory warranty deed, grantor is not liable to grantee for costs and attorney fees incurred by grantee in defending unsuccessful claim for adverse pos­ses­sion. Chaney v. Haeder, 90 Or App 321, 752 P2d 854 (1988)

Where defendants simply conveyed “lot 16” without making any covenant about where lot was on ground defendants did not breach covenant of title when they conveyed prop­erty that contained house that trespassed onto neighboring lot, but defendants did breach covenant against encumbrances and had to indemnify purchasers for damages purchasers paid for trespass. Bryant v. Moritz, 97 Or App 481, 776 P2d 1299 (1989), Sup Ct review denied

Where there was no evidence defendants’ sellers had made any covenants in deed by which sellers conveyed prop­erty to defendants, sellers had no obliga­tion to indemnify defendants for what they had to indemnify plaintiffs for trespass. Bryant v. Moritz, 97 Or App 481, 776 P2d 1299 (1989), Sup Ct review denied

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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 93, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano093.­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.