Intestate Succession and Wills

ORS 112.765
Rights of purchaser


(1)

If a surviving spouse has apparent title to property to which ORS 112.705 (Short title) to 112.775 (Application and construction) apply, a purchaser for value or a lender taking a security interest in the property takes interest in the property free of any rights of the personal representative or an heir or devisee of the decedent.

(2)

If a personal representative or an heir or devisee of the decedent has apparent title to property to which ORS 112.705 (Short title) to 112.775 (Application and construction) apply, a purchaser for value or a lender taking a security interest in the property takes interest in the property free of any rights of the surviving spouse.

(3)

A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly.

(4)

The proceeds of a sale or creation of a security interest shall be treated in the same manner as the property transferred to the purchaser for value or a lender. [1973 c.205 §6]
§§ 112.705 to 112.775

Law Review Citations

53 OLR 209 (1974)


Source

Last accessed
Jun. 26, 2021