County Clerks

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

Last accessed
May 30, 2023

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