Current through Register Vol. 63, No. 12, December 1, 2024
As used in OAR
836-010-0130 to 836-010-0145,
unless the context requires otherwise:
(1) "Adequate Maps" means:
(a) A map record of all recorded plats in the
county covered by the title plant;
(b) Maps based on a complete set of
government surveys showing all surveyed sections, government lots and donation
land claims within the county covered by the title plant;
(c) Maps of such a scale that they are
readily workable. In an area where the majority of the parcels are of less than
one sixteenth of a section, maps shall be of a scale no smaller than 400 feet
to the inch. A full section of land shall not be represented in a scale smaller
than 2,000 feet to the inch; and
(d) Maps showing all public streets, roads,
highways, and railroad rights of way of record which can be accurately located
by a reasonable search of the records.
(2) "General Index" means a complete
compilation of matters affecting real property, which: do not describe, or
cannot solely be assigned to, a specific real property account, and which may
be found by a search of the proper records within the county covered by the
title plant.
(a) Subject to subsection (b), a
general index must include:
(A) Unsatisfied
Judgments and tax liens having lien effect;
(B) Conservatorships, guardianships, and
estates of deceased persons arising during the preceding ten-year period;
(C) Divorce suits closed or
pending during the preceding ten-year period;
(D) Powers of attorney recorded during the
preceding ten-year period.
(b) The general index is not required to
include matters that may be accessed electronically through the Oregon Judicial
Case Information Network (OJCIN) or other similar database run by the State of
Oregon Judicial Department, provided that the title plant maintains a
subscription which allows it to readily access those matters.
(c) A general index may include such other
matters as the title plant owner deems appropriate.
(3) "Tract or Geographic Index" means a
record of documents and proceedings which affect real property in the county
covered by the title plant. Such an index may consist of summaries or replicas,
and must meet the following requirements:
(a)
Tract or geographic indexes relating to recorded plats are maintained
separately, and may be referred to by name or by number, with accounts
segregated to the block or in the absence of blocks to the smallest unit
designated on the applicable recorded plat;
(b) Tract or geographic indexes which relate
to ownership in all unplatted areas of the county, except land in national
forest reserves, national parks and unpatented lands, are maintained in
accounts segregated into section subdivisions and government lots. In the event
ownership of parcels does not conform to section subdivisions or government
lots, such parcels are assigned arbitrary reference numbers or symbols which
correspond to like numbers or symbols shown on the arbitrary maps of the area,
except if there are 30 or fewer ownership accounts in a quarter section that do
not conform to section subdivisions or government lots or are not in a recorded
plat then those ownership accounts can be filed under the designation of that
particular quarter section without being assigned arbitrary reference numbers
or symbols; and
(c) Tract or
geographic indexes may be maintained on ledger sheets, separate cards, sheets
of film, or any other form or system, whether manual, mechanical, electronic or
otherwise, or any combination of such forms or systems. The index ledger
sheets, cards, sheets, or film may be bound in books or contained in envelopes
or storage files or may be maintained or stored electronically. The segregated
account contains a reference to deeds, contracts, suits, liens, unsatisfied
mortgages, and other matters of record imparting constructive notice that
specifically describe the real property that is subject to the account.
(4) "Currently posted"
means postings or entries are made within 15 working days of recording or
entry.
Stat. Auth.: ORS 731
Stats. Implemented: ORS
731.438