ORS 205.236
Labeling of instrument to be recorded

  • instrument describing two or more transactions
  • recordation
  • fee

(1)

An instrument required or permitted by law to be recorded shall be clearly labeled in sufficient detail to enable the clerk to record the instrument in the appropriate record.

(2)

An instrument describing two or more transactions required or permitted by law to be recorded as separate instruments may be recorded when the instrument is labeled in sufficient detail to enable the clerk to record the transactions in the appropriate records and:

(a)

The transactions described in the instrument involve the same properties;

(b)

The transactions are assignments, releases or satisfactions of any recorded instrument;

(c)

The transactions are liens recorded under ORS 311.675 (Recording liens);

(d)

The transactions are municipal assessment liens being recorded under ORS 93.643 (Method of giving constructive notice of interest in real property);

(e)

The instrument is recorded under ORS 371.650 (Certification of assessment); or

(f)

The instrument is a cooperative contract recorded under ORS 62.360 (Recording cooperative contracts).

(3)

When an instrument described in subsection (2) of this section is accepted for recording by a county clerk, the county clerk shall enter the instrument into the appropriate records.

(4)

Recording fees shall be charged for recording each additional transaction described in subsection (2) of this section and the fee shall be the fee provided for in ORS 205.320 (Fees collected by county clerk).

(5)

Nothing in this section is intended to abolish the requirements for collection of the fees required under ORS 205.323 (Additional fees for recording certain instruments).

(6)

Recording an instrument under this section when the instrument is not clearly labeled does not affect the validity of the recordation.

(7)

A county clerk shall not incur civil or criminal liability, either personally or in an official capacity, for recording an instrument under this section when the instrument is not labeled in sufficient detail to allow the clerk to record the transactions in all appropriate records. [1991 c.230 §5; 1993 c.321 §5; 1999 c.654 §20]

Source: Section 205.236 — Labeling of instrument to be recorded; instrument describing two or more transactions; recordation; fee, https://www.­oregonlegislature.­gov/bills_laws/ors/ors205.­html.

205.010
Definitions 205.110
General powers and duties of county clerk 205.125
County Clerk Lien Record 205.126
Enforcement of order or warrant recorded in County Clerk Lien Record 205.127
Recording in County Clerk Lien Record for certain liens 205.130
Recording duties of county clerk 205.135
Illegible document presented for recording 205.140
Transcript or copy of record 205.150
Seal of clerk 205.160
Indexes kept by county clerk 205.180
Entry in appropriate record of instruments received for recording 205.190
Record of plats and maps of towns, villages, cemeteries 205.220
Recording copies of estate records 205.232
Conditions for instruments to be recorded 205.234
Requirements for first page of instruments to be recorded 205.236
Labeling of instrument to be recorded 205.238
Return of instrument after recordation 205.242
Clerk to receive and certify instruments during specified hours 205.244
Rerecording of corrected instruments 205.246
Instruments to be recorded 205.255
Filing requirement as recording requirement 205.320
Fees collected by county clerk 205.323
Additional fees for recording certain instruments 205.327
Penalty for presenting nonstandard instruments for recording 205.350
Fees for approving and recording plats 205.360
Clerk to receipt and account for certain probate fees collected 205.365
Disposition of County Clerk Lien Record fees 205.370
Payment to and disposition of trial fees by court clerk 205.395
Payment of fees by state agencies for entry in County Clerk Lien Record 205.450
Definitions for ORS 205.450 to 205.470 205.455
Acceptance of filing of invalid claim of encumbrance prohibited 205.460
Order to show cause why invalid claim of encumbrance should not be stricken 205.465
Claim of encumbrance against certain property invalid without judicial order 205.470
Liability for filing invalid claim of encumbrance 205.510
County clerk not to act or have partner acting as attorney 205.515
Orders or warrants issued by state agency or officer 205.525
Interest on penalties imposed by orders 205.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 205.236’s source at oregon​.gov