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Selling a House in Oregon: Legal Title Issues

By
Real Estate Broker/Owner with Hokanson Realty & Jared Realty Group

 

Here is the third installment of the "Selling a House in Oregon" blog series.

 

Your Oregon real estate lawyer or title company will investigate the legal title of the property you want to sell, and may find issues you'll need to understand.

In Oregon, for example, an implied easement may be present where a person grants lands to which there is no accessible right-of-way except over her or his land or retains land that is inaccessible except over the land which the person conveys. In such instances a right-of-way is presumed to have been granted or reserved. Such an implied grant or easement in lands or estates exists where there is no other reasonable and practicable way of accessing the property, and it is reasonably necessary for the beneficial use or enjoyment of the part granted or reserved.

Your property may also be subject to a "lien," which is a charge on the property to satisfy a debt or other obligation owed by the current owner of the property. A lien encumbers property as long as it exists and has been recorded in the public records.

In Oregon, liens on a piece of property may include:

  • Mortgages
  • Deeds of Trust
  • Land sale contracts
  • Involuntary liens (includes workmen's liens, liens for unpaid taxes and liens filed by creditors holding judgments against the owner)

 

 

 

 

 

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