Oregon special warranty deed
Here is what Oregon actually requires on a special warranty deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- County Clerk (Recording Division)
- Witnesses
- Notary only
- Transfer tax
- None
- First-page margin
- 3.5″ top
- Recording fee
- ~$86 first page
- E-recording
- Approved submitters
What a special warranty deed does in Oregon
A special warranty deed, also called a limited warranty deed or a covenant deed in some states and a grant deed in California, sits between a quitclaim and a general warranty deed. The grantor promises they did nothing during their own ownership to damage the title, and nothing more. Anything that happened before they bought the property is the buyer's risk. Estates, trustees, banks, and builders commonly use it.
Oregon's statutory special warranty deed (ORS 93.855) says the grantor "conveys and specially warrants" the property "free of encumbrances created or suffered by the grantor except as specifically set forth herein". When you list exceptions to the warranty, Deedly prints that statutory form, with your list after the legal description. If you leave the exceptions blank, Deedly's special warranty deed states its promise in its own words: the grantor has done nothing to impair the title, and will defend it against claims made through the grantor.
The Oregon law behind this deed
Start with ORS § 93.855 if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Special warranty deeds specifically | ORS § 93.855 |
| Conveyances generally | ORS § 93.010 |
| Recording with the County Clerk (Recording Division) | ORS §§ 205.232 to 205.238 and 205.327 (recording requirements) and 93.640 (effect of recording) |
When Oregon homeowners use a special warranty deed
- Sell a property you inherited or hold as trustee
- Convey a property you have owned only briefly
- Transfer commercial or investment property
- Give a buyer more protection than a quitclaim without accepting unlimited exposure
What Oregon requires on the deed
These are the execution and formatting rules county clerks enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Oregon says |
|---|---|
| Recording office | County Clerk (Recording Division) |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Not required. Oregon requires instead the tax-statement mailing address (ORS 93.260) and the return-to name and address (ORS 205.234(1)(c)), both on page one. Deedly prints those, and the grantee's mailing address too. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3.5-inch clear space at the top of page one, 1-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
How to complete and record it in Oregon
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Clerk (Recording Division) can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with the wording, notary certificate, and 3.5-inch first-page margin used for Oregon deeds.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Record it with the County Clerk (Recording Division)File in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in Oregon
| Cost | Typical amount |
|---|---|
| Recording fee | About $86 for the first page and roughly $5 per additional page |
| Transfer tax | None in this state |
| Notary | An Oregon notary may charge at most $10 per notarial act ($25 for one performed remotely by communication technology), plus a travel fee only if it is explained and agreed in advance (ORS 194.400). |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
Oregon imposes no state real estate transfer tax and bars new local ones. Washington County's grandfathered tax of $1 per $1,000 of the selling price applies to deeds there: pay it or file the county's exemption application within 15 days after recording. Elsewhere the recording fee is normally your only cost beyond notarization.
Where to record it in Oregon
Oregon deeds are recorded with the County Clerk (Recording Division) in the county where the property sits, not where you live. There are 36 counties in Oregon.
Many Oregon recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.
Recording offices we cover in Oregon: Multnomah, Washington, Clackamas, Lane, Marion, Jackson, Deschutes, Linn. See all Oregon recording offices.
What a special warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Defects that predate your ownership are not covered. The buyer bears that risk.
- It does not substitute for a title search or an owner's title insurance policy.
- It transfers ownership immediately and cannot be revoked.
- Some purchase contracts specifically require a general warranty deed; check yours before using this one.
Quirks of Oregon law that catch people out
- Oregon sets no statutory margin. Each county asks for a blank area on page one for its recording label: 4 × 2 inches in Multnomah and Clackamas, 3 × 3 inches in the top right corner in Washington, and 1.5 × 4 inches in Lane. In Multnomah and Washington counties, a deed without that space costs $5 more for an added page. Deedly leaves the top 3.5 inches of page one clear, which fits each of these labels.
- Oregon deeds must include a statutory warning about land use laws (ORS § 93.040) for most transfers. Deedly includes it automatically.
- Oregon has no statewide transfer tax and bars new local ones. Washington County has its own grandfathered tax of $1 per $1,000 of the selling price.
- Oregon recognizes transfer-on-death deeds under ORS 93.948.
- A conveyance to a married couple creates a tenancy by the entirety by default.
How to hold title in Oregon
When two or more people take title in Oregon and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Oregon: tenancy by the entirety (married couples and Oregon registered domestic partners), tenancy in common, and co-ownership with an express right of survivorship. Oregon abolished joint tenancy (ORS 93.180(3)). Co-owners who want the survivor to take the whole property must say so expressly: the deed then creates a tenancy in common for life with cross-contingent remainders (ORS 93.180(2)), which is not the same estate as a joint tenancy. Ask an attorney before relying on being able to end it later.
Married couples
A conveyance to a married couple in Oregon creates a tenancy by the entirety unless the deed clearly and expressly says otherwise (ORS 93.180(1)(b)). Oregon registered domestic partners have the same right (ORS 106.340).
$49, one time. Your finished deed appears in full before you pay, with Oregon's witness rules, margins, and recording instructions already applied.
Common questions
No. Oregon has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Clerk (Recording Division). Deedly produces all of that for $49, versus roughly $150–$700 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $86 for the first page and roughly $5 per additional page. Oregon has no state real estate transfer tax, so the recording fee is normally the whole cost. A one-page deed costs $86 in Multnomah, Washington and Marion counties, $102 in Lane and Deschutes, and $113 in Clackamas (2026 schedules). The fee is $5 a page (ORS 205.320), plus $71 in state fees on each document (ORS 205.323), plus the county's public land corner preservation fee, and some counties add local fees. Lane and Deschutes raised theirs on July 1, 2026. Confirm with your county before you mail a check.
No. Oregon requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the County Clerk (Recording Division) in the county where the property is located, not where you live, and not where the buyer lives. Oregon has 36 counties. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Keep reading
- Oregon quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Oregon general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Oregon transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- Oregon life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for OregonRecording offices, transfer tax, witness rules, and fees.
- Oregon recording officesWhere to file in each county.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.