A provision in a recorded instrument affecting real property is not enforceable if:

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Terms Used In Oregon Statutes 93.277

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(1) The provision would allow the development of a single-family dwelling on the real property but would prohibit the development of, or the partitioning or subdividing of lands under ORS § 92.031 for:

(a) Middle housing, as defined in ORS § 197A.420; or

(b) An accessory dwelling unit allowed under ORS § 197A.425 (1); and

(2) The instrument was executed on or after January 1, 2021. [2019 c.639 § 13; 2021 c.103 § 3]

 

93.277 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.