Conveyancing and Recording

ORS 93.965
URPTDA 11. Revocation by instrument

  • revocation by act


(1)

An instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:

(a)

Is acknowledged by the transferor after the transferor acknowledges the deed to be revoked;

(b)

Is recorded before the transferor’s death in the deed records of the county in which the property is located; and

(c)

Is one of the following:

(A)

A transfer on death deed that revokes the deed, or part of the deed, expressly or by inconsistency;

(B)

An instrument of revocation that expressly revokes the deed, or part of the deed; or

(C)

An inter vivos deed that transfers an interest in property that is the subject of a transfer on death deed to the extent of the interest in property transferred by the inter vivos deed.

(2)

If authority is expressly granted by the transfer on death deed, a designated agent of the transferor may revoke the transfer on death deed as provided in this section.

(3)

If a transfer on death deed is made by more than one transferor, revocation by one transferor does not affect the transfer of another transferor’s interest in property by the transfer on death deed.

(4)

After a transfer on death deed is recorded, the deed may not be revoked by a revocatory act on the deed.

(5)

This section does not limit the effect of an inter vivos transfer of the property. [2011 c.212 §11]
Note: See note under 93.948 (URPTDA 1. Short title).
Chapter 93

Atty. Gen. Opinions

Records involving title to real property registered under the Torrens system, (1972) Vol 35, p 1032


Source

Last accessed
Jun. 26, 2021