ORS § 93.855

Current through 2024 Regular Session legislation

Section 93.855 - Special warranty deed form; effect

(1) Special warranty deeds may be in the following form:

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_____, Grantor, conveys and specially warrants to _____, Grantee, the following described real property free of encumbrances created or suffered by the grantor except as specifically set forth herein: (Describe the property conveyed.)

(If there are to be exceptions to the covenants described in ORS 93.855 (2), here insert such exceptions.)

(Following statement of exceptions, here insert statement required under ORS 93.040 (1).)

The true consideration for this conveyance is $_____. (Here comply with the requirements of ORS 93.030.)

Dated this _____ day of _____, 2___.

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(2) A deed in the form of subsection (1) of this section shall have the same effect as a warranty deed as described in ORS 93.850, except that the covenant of freedom from encumbrances shall be limited to those encumbrances created or suffered by the grantor and the covenant of warranty shall be limited to read: "That the grantor warrants and will defend the title to the property against all persons who may lawfully claim the same by, through or under the grantor."

(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.

ORS 93.855

1973 c.194 §2; 1999 c.214 §2