How to Access Property Records in Oregon

What Information Can You Find in Oregon Property Records?

During a property history search, you may encounter many different types of property records, some with more detail and some with less. Property records vary quite a bit. They are public records, so you can easily search for and find them.

Some of the things that a property history search may reveal include:

Deeds and Conveyance Records

Deeds and conveyance records are one of the most common types. In Oregon, these are filed and kept with the local county recorder's office. Deeds transfer ownership of a property and provide the level of warranty that comes along with it.

All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:

• Name of the Seller/Grantor and Buyer/Grantee.
• A detailed description of the property.
• Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
• Conveyance language explaining the ownership transfer from one person or entity to another.
• Notarization and execution are at the bottom, where everyone signs to make it legal.

Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.

Property Tax Records

Oregon counties collect annual property taxes from each homeowner to pay for things like schools, road maintenance, bridges, fire, police, and local government salaries. It's every property owner's responsibility to pay their taxes on time. If they do not, the county can place a lien on the property and eventually foreclose and sell the house at auction to pay the unpaid taxes.

Oregon's average effective property tax rate is 0.82%, but it varies from county to county. The average homeowner pays about $1,786.74 each year.

Property tax records in Oregon usually contain the following information:

• Tax Exemptions - The document will include any exemptions or tax relief applying to the property.
• Tax Calculations - The record may show a breakdown of all the tax calculations leading up to the owed amount.
• Tax Rates - Each property is subject to a taxing jurisdiction. The document will identify this jurisdiction and the total tax rate applied to the property.
• Assessment Value - The document will show the property's assessed values as determined by a county assessor.
• Payment Methods - The document may show the accepted payment methods. This section may also include any contributions the property owner has made and when they were made.

How Often is Property Tax in Oregon Assessed?

The county assessor determines a property's real market value every year, calculating its maximum assessed value. Property owners are taxed on the lesser value. Local assessors conduct the study and determine the property's value. The process of assessment goes as follows:

• Property Valuation - The assessor determines the fair market value by considering its attributes, location, sales data, and other important information throughout the appraisal process.
• Noticing - The assessor delivers an assessment notification to property owners. The notice informs owners of their property's assessed value for the forthcoming tax year. If the property owner disagrees with the valuation, the assessment notification contains information on how to appeal the assessment.
• Appeal - Property owners can appeal their assessed value by submitting an appeal to the County Board of Tax Appeal. The board examines the case but may not resolve to reduce taxes. Individuals may appeal the board's decision to the Magistrate Division of the Oregon Tax Court. Assessors also have the right to appeal the board's decision. The appeal filing deadline is 30 days after the board's decision.

Building Permits and Regulations in Oregon

You need a building permit before building a new structure, renovating an existing one, or demolishing a building structure. If you are a contractor, you can use Oregon's ePermitting System. If you are a resident, you must use the state resource to apply for a building permit.

Property Liens and Encumbrances in Oregon

Too many liens on a property can ruin its reputation and that of its owners. Most properties have a mortgage lien, but the property value will drop when it gets into involuntary liens, and it could be hard to sell. There are two main types of liens: voluntary and involuntary.

Voluntary Liens

Voluntary liens are like mortgage liens and home equity liens. You choose them by using your home as collateral to support a loan.

• Mortgage Liens - Mortgage liens are the most common type. Whenever you take out a loan to buy a house, you agree to allow the lender to place a lien on the property. Then, if you fail to pay them back, they can seize and sell the property to recover their money.

  The following information appears in Oregon mortgage documents:

  • Interest Rate - Every mortgage has an interest rate that calculates the total amount owed. The interest rate should appear in the initial contract.
  • Loan Amount - The document should show the loan amount and the total repayable amount after interest.
  • Payment Guidelines - The document may include guidelines on how to contribute to the loan, minimum contribution amounts, and the deadline for total loan repayment.
  • Penalties - The document should provide information on fines and fees for late or missed payments and may also include provisions for foreclosure.
  • Lender and Borrower - The document should provide information on the lender and borrower, plus their rights and responsibilities.

Involuntary Liens

Involuntary liens are imposed on the property against your will for unpaid debts you owe.

• Mechanic's Liens - When workers perform jobs on your property, and you don't pay them, they can use a mechanic's lien to force you to pay. They must follow strict rules and timelines, but once the lien is in place, they will be paid before you get the proceeds if you sell the property.
• Tax Liens - Everyone who owns property must pay annual taxes. If you do not pay, the county will impose a lien on your property, and shortly after, they will sell your property at auction to pay off the back taxes.
• Judgment Liens - Creditors use judgment liens the same way that contractors use a mechanic's lien. If you owe the creditor money, they will put a lien on the property. They will then take you to court, and if they win, they can foreclose and sell the property to pay off the debt.

The Process of Property Liens in Oregon

Creating and filing a property lien in Oregon depends on the type of lien. The following is a breakdown of how contractors and suppliers file mechanic liens in the state:

• The first step is to send a preliminary notice, which should appear within eight days of beginning work. Those who contract directly with the owner must provide a preliminary notice only for residential projects exceeding $2,000, while all other participants must send the notice regardless of the price.
• Next, the claimant must fill the mechanic's lien form with information such as the property description, the work or labor description, and the owner's details. The claimant should verify the information to ensure it is correct.
• Filing the lien is the next step; individuals must do it in the county Clerk/Recorder's office. The offices charge recording fees and have specific requirements that individuals must meet. In addition, the office offers various forms of filing.
• The next step is to provide the property owner with a copy of the recorded lien. Once this is complete, the claimant may enforce or release the lien.

Easements and Covenants

Easements and covenants frequently accompany deeds and other property records. They provide explicit instructions about how the property may be used. Easements are rights-of-way that allow someone to access the property even though they are not the owner. An example would be a town road leading to a quarry that passes over private land. The town could use the road anytime without asking the owner.

Covenants are most often found in gated communities and condos. They are strict rules that the owners must abide by. Some communities do not allow homeowners to have pets. If you wish to live in that area, you cannot have a dog or cat.

Plats and Surveys

Both plats and surveys are types of maps. Surveys show the boundaries of a single property, whereas plats show the boundaries of all the surrounding properties.

The following are types of property surveys and what information they include:

• Boundary Survey - A boundary survey locates the corners and boundary lines of the land and sometimes notes easements.
• Partition/subdivision - The survey partitions or subdivides land into small pieces showing survey data on a map.
• Construction Staking - A construction staking survey is conducted during the project's construction phase. The study guides the construction process and ensures the project is built in the desired location and alignment.
• Condominium Plat - A condominium plat survey establishes a condominium development's plat or map and determines whether easements or encroachments are required.
• Monitoring Survey - A monitoring survey observes and quantifies changes in land or structures over time. It monitors the movement, settlement, or deformation of the structural, slope, or other geotechnical features.

Property Descriptions and Boundaries in Oregon

Legal property descriptions are essential pieces of information. They usually include plats, maps, coordinates, and a written description of the property, including natural landmarks, making it easy for anyone to identify and locate the property.

Surveys are a process of measuring land. Surveyors use specialized equipment to measure land and determine the exact coordinates of a specific piece of land. They are used before building a new house, for installing utilities, and in boundary disputes.

Boundary disputes occur frequently. Whenever someone thinks another person is crossing their property lines, they might make a fuss. These disputes often end up in court, where a judge will decide. The courts heavily rely on surveyors to provide expert testimony.

Foreclosures

In many scenarios, a house can end up in foreclosure. Once in foreclosure, the house can be harder to sell, and many buyers don't want to deal with the headaches. A foreclosure also appears in property records and can sully the owner's reputation.

Although regular buyers may not want to buy a pre-foreclosure house, investors do. They can buy cheap homes and sell them quickly for a big profit.