Oregon Statutes - Chapter 205 - County Clerks - Section 205.450 - Definitions for ORS 205.450 to 205.470.

As used in ORS 205.450 to 205.470:

(1) “Encumbrance” means a claim, lien, charge or liability attached to and binding property.

(2) “Encumbrance claimant” means a person who purportedly benefits from the filing of an encumbrance.

(3) “Federal official or employee” has the meaning given the term “employee of the government” in the Federal Tort Claims Act (28 U.S.C. 2671).

(4) “Filing” includes filing or recording.

(5) “Invalid claim of encumbrance” means a claim of encumbrance that is not a valid claim of encumbrance.

(6) “Property” includes, but is not limited to, real and personal property.

(7) “State or local official or employee” means an appointed or elected official, employee or agent of:

(a) A branch of government of this state or a state agency, board, commission or department of a branch of government of this state;

(b) A state institution of higher education;

(c) A community college or local school district in this state;

(d) A city, county or other political subdivision in this state; or

(e) A public corporation in this state.

(8) “Valid claim of encumbrance” is an encumbrance that:

(a) Is an encumbrance authorized by statute;

(b) Is a consensual encumbrance recognized under the laws of this state; or

(c) Is an equitable, constructive or other encumbrance imposed by a court of competent jurisdiction. [1997 c.290 §1; 2005 c.22 §156]

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Last modified: August 7, 2008