Oregon Partition Deed for Surface Estate

State:
Multi-State
Control #:
US-OG-316
Format:
Word; 
Rich Text
Instant download

Description

When parties own undivided interest in the surface of lands, if they desire to divide the lands so that each party owns, separately, a particular tract, this can be accomplished by the parties partitioning the lands. Then each will own a separate part of the lands in which all the parties owned an undivided interest. This form of partition deed accomplishes this objective.

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FAQ

To transfer ownership of the real property to another, the current owner must execute a new deed and record it with the County Recorder's office. There are many different types of deeds, all of which convey different legal rights.

Survivorship means there are joint owners with right of survivorship of personal property. The front of Oregon titles shows survivorship information. When DMV issued a title with survivorship and one of the owners is deceased, the surviving owner(s) may transfer with proof of death of the deceased owner.

Every local jurisdiction in Oregon requires at least a two-step process when approving land divisions. First, the applicant will need to apply for preliminary plan approval. Second, the applicant will need to apply for final plat approval. You might also encounter some required preliminary steps.

Estates in Real Property Fee simple: A holder of an estate in fee simple is entitled to all rights in the property. It is the highest type of interest in real estate recognized by law. ... Life estate: A life estate is limited in duration to the life of the owner, or to the life or lives of some other designated person(s).

Tenancy by the entirety is a form of ownership recognized in Oregon that is available only to legally married husband and wife. The law sees the husband and wife as one person. Therefore, they do not own one-half interests in the property, but each own the entire property.

There are three types of real estate ownership in Oregon: tenancy by entirety, tenancy in common, and survivorship. James and Mary's home is a tenancy by the entirety, whereby the spouses equally own the property with survivorship interest.

The different types of real estate title are joint tenancy, tenancy in common, tenants by entirety, sole ownership, and community property. Other, less common types of property ownership are corporate ownership, partnership ownership, and trust ownership.

Partition is the division of real or personal property between or among two or more co-owners, such as joint tenants or tenants-in-common. Partition is not a remedy available to owners who hold title as community property or quasi-community property.

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Oregon Partition Deed for Surface Estate