(1) A special limitation or a condition subsequent, which restricts a fee simple estate in land, and the possibility of reverter or right of entry for condition broken thereby created, shall be extinguished and cease to be valid, unless within the time specified in this section, a notice of intention to preserve such possibility of reverter or right of entry is recorded as provided in ORS 105.770 to 105.774. Such extinguishment shall occur at the end of the period in which the notice or renewal notice may be recorded.
(2) Any person owning such possibility of reverter or right of entry may record in the deed records of the county in which the land is situated a notice of intention to preserve such interest. Such notice may be filed for record by any person who is the owner or part owner of such interest, in which case the notice shall be effective as to the person filing the notice and any other person who is a part owner thereof. If any owner or part owner is a minor or financially incapable, as defined in ORS 125.005, the notice may be filed by a conservator appointed pursuant to a protective proceeding under ORS chapter 125.
(3) To be effective and to be entitled to record, such notice shall contain an accurate and full description of all land affected by such notice; but if such claim is founded upon a recorded instrument, then the description may be by reference to the recorded instrument. Such notice shall also contain the terms of the special limitation or condition subsequent from which the possibility of reverter or right of entry arises. The notice shall be executed, acknowledged, proved and recorded in each county in which the land is situated in the same manner as a conveyance of real property. In indexing such notices the county clerk shall enter such notices under the grantee indexes of deeds under the names of the persons on whose behalf such notices are executed.
(4) An initial notice may be recorded not less than 28 years, nor more than 30 years, after the possibility of reverter or right of entry was created; provided, however, if such possibility of reverter or right of entry was created prior to January 1, 1950, the notice may be recorded within two years after January 1, 1978. A renewal notice may be recorded after the expiration of 28 years and before the expiration of 30 years from the date of recording of the initial notice, and shall be effective for a period of 30 years from the recording of such renewal notice. In like manner, further renewal notices may be recorded after the expiration of 28 years and before the expiration of 30 years from the date of recording of the last renewal notice. [1977 c.723 §2; 1995 c.664 §81]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Section 105.005 - Right of action; recovery; damages.
Section 105.010 - Contents of complaint.
Section 105.040 - Order to make survey.
Section 105.055 - Conclusiveness of judgment.
Section 105.111 - Stay of eviction for state service member.
Section 105.112 - Action by tenant to recover personal property; forms.
Section 105.113 - Form of summons.
Section 105.115 - Causes of unlawful holding by force; action for return of possession.
Section 105.124 - Form of complaint if ORS chapter 90 applies.
Section 105.126 - Form of complaint if ORS chapter 90 does not apply.
Section 105.130 - How action conducted; fees.
Section 105.135 - Service and return of summons; posting; contents; use of facsimile.
Section 105.138 - Compelling arbitration; procedure.
Section 105.140 - Continuance.
Section 105.145 - Judgment on trial by court; duties of parties to stipulated agreement.
Section 105.146 - Failure of defendant to perform as ordered; judgment of restitution.
Section 105.149 - Hearing on compliance with order.
Section 105.151 - Enforcement of judgment of restitution; notice of restitution.
Section 105.152 - Form of notice of restitution for judgment entered under ORS 105.146.
Section 105.153 - Form of notice of restitution for judgment not entered under ORS 105.146.
Section 105.156 - Form of writ of execution for judgment of restitution.
Section 105.157 - Form of eviction trespass notice.
Section 105.158 - Service of notice of restitution.
Section 105.159 - Computation of time before plaintiff may request writ of execution.
Section 105.161 - Service and enforcement of writ of execution and eviction trespass notice.
Section 105.163 - Setting aside judgment.
Section 105.170 - Definitions for ORS 105.170 to 105.185.
Section 105.175 - Easement to be kept in repair; sharing costs; agreements.
Section 105.180 - Action for failure to comply with duty of holder; recovery of costs; arbitration.
Section 105.185 - Application of ORS 105.170 to 105.185.
Section 105.200 - Request for itemized statement.
Section 105.210 - When and how partition prevented.
Section 105.260 - Power of court over report; final judgment.
Section 105.285 - Distribution of proceeds of sale.
Section 105.330 - Rules for determining value of certain estates.
Section 105.405 - Costs and expenses of partition.
Section 105.420 - Findings; policy.
Section 105.425 - Definitions for ORS 105.420 to 105.455.
Section 105.440 - Report of abatement expenditures; court approval; lien.
Section 105.445 - Effect on purchase money security interest of lien for unpaid abatement expenses.
Section 105.450 - Termination of receivership.
Section 105.462 - Definitions for ORS 105.462 to 105.490.
Section 105.464 - Form of seller’s property disclosure statement.
Section 105.465 - Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement.
Section 105.470 - Exclusions from ORS 105.462 to 105.490, 696.301 and 696.870.
Section 105.475 - Buyer’s statement of revocation of offer; criteria.
Section 105.480 - Representations in disclosure statement; application.
Section 105.550 - Definitions for ORS 105.550 to 105.600.
Section 105.555 - Places declared nuisances subject to abatement.
Section 105.560 - Action to restrain or enjoin nuisance; jurisdiction; remedies.
Section 105.565 - Complaint; service; jury trial; admissibility of reputation as evidence.
Section 105.580 - Order of abatement; cancellation.
Section 105.597 - Places declared nuisances per se.
Section 105.620 - Acquiring title by adverse possession.
Section 105.624 - Definitions for ORS 105.623 to 105.649.
Section 105.628 - Effect on other law.
Section 105.629 - Power to disclaim; general requirements; when irrevocable.
Section 105.633 - Disclaimer of interest in property.
Section 105.634 - Disclaimer of rights of survivorship in jointly held property.
Section 105.638 - Disclaimer of power of appointment or other power not held in fiduciary capacity.
Section 105.641 - Disclaimer of power held in fiduciary capacity.
Section 105.642 - Delivery or filing.
Section 105.643 - When disclaimer barred or limited.
Section 105.672 - Definitions for ORS 105.672 to 105.696.
Section 105.688 - Applicability of immunities from liability for owner of land; restrictions.
Section 105.700 - Prohibiting public access to private land; notice requirements; damages.
Section 105.705 - Right to bring action; filing of judgment.
Section 105.718 - Procedure for determining location of public land survey corner.
Section 105.770 - Failure of contingency; application of extinguishment.
Section 105.772 - Preservation of future interests; filing of notice of intent required; limitation.
Section 105.774 - Exclusions from application of ORS 105.770 and 105.772.
Section 105.780 - Notice of substantial damage from flooding to residential structures.
Section 105.815 - When double damages are awarded for trespass; exception.
Section 105.834 - Owner’s immunity from liability for theft of metal property.
Section 105.836 - Definitions for ORS 105.836 to 105.842 and 476.725.
Section 105.838 - Carbon monoxide alarm in dwelling.
Section 105.842 - Tampering with carbon monoxide alarm.
Section 105.848 - Radon information for potential buyers of one and two family dwellings.
Section 105.865 - Apportioning compensation among property owners; termination of city liability.
Section 105.880 - Conveyance prohibiting use of solar energy systems void.
Section 105.885 - Definitions for ORS 105.885 to 105.895.
Section 105.890 - Solar energy easement appurtenant; termination.
Section 105.895 - Requirements for easement creation by instrument; recordation.
Section 105.905 - Wind energy easement appurtenant; termination.
Section 105.910 - Requirements for easement creation by instrument; recordation.
Section 105.925 - Definitions for ORS 105.925 to 105.945.
Section 105.938 - Court order for retrieval or use of data by insurer.
Section 105.950 - Statutory rule against perpetuities.
Section 105.955 - When nonvested property interest or power of appointment created.
Section 105.960 - Reformation.
Section 105.965 - Exclusions from statutory rule against perpetuities.
Section 105.970 - Prospective application.
Section 105.975 - Short title; application and construction; supersession and repeal of common law.