Oregon Code § 93.310·Enacted ·Last updated March 01, 2026
Statute Text
Rules
for construing description of real property.
The following are the rules for construing the
descriptive part of a conveyance of real property, when the construction is
doubtful, and there are no other sufficient circumstances to determine it:
(1) Where there
are certain definite and ascertained particulars in the description, the
addition of others, which are indefinite, unknown or false, does not frustrate
the conveyance, but it is to be construed by such particulars, if they
constitute a sufficient description to ascertain its application.
(2) When
permanent and visible or ascertained boundaries or monuments are inconsistent
with the measurement, either of lines, angles or surfaces, the boundaries or
monuments are paramount.
(3) Between
different measurements which are inconsistent with each other, that of angles
is paramount to that of surfaces, and that of lines paramount to both.
(4) When a road
or stream of water not navigable is the boundary, the rights of the grantor to
the middle of the road, or the thread of the stream, are included in the
conveyance, except where the road or bed of the stream is held under another
title.
(5) When
tidewater is the boundary, the rights of the grantor to low watermark are
included in the conveyance, and also the right of this state between high and
low watermark.
(6) When the
description refers to a map, and that reference is inconsistent with other
particulars, it controls them, if it appears that the parties acted with
reference to the map; otherwise the map is subordinate to other definite and
ascertained particulars.
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 93.310
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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