Statutory Deed Law and Legal Definition
93.850. (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.)
The true consideration for this conveyance is $___. (Here comply with the requirements of ORS 93.030.)
Dated this ___ day of ___, 19__.
(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.
(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.
