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Oregon Revised Statutes

Or. Rev. Stat. § 205.450 (2026)

Definitions for ORS 205.450 to 205.470

✓ current as of May 2026
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      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 public university listed in ORS 352.002;

      (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; 2011 c.637 §70]

Notes of Decisions
Cited in 12 cases (6 in the last 5 years), 2012–2026 · leading case: Vukanovich v. Kine, 285 P.3d 733 (Or. Ct. App. 2012).
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Vukanovich v. Kine, 285 P.3d 733 (Or. Ct. App. 2012). · cites it 8× “” Stonecrest petitioned to strike and release any encumbrance created by that notice of lis pendens, arguing that the notice was an invalid claim of encumbrance under ORS 205.”
Indian Ridge I, LLC v. Lenahan, 497 P.3d 806 (Or. Ct. App. 2021). · cites it 3× “740 nec- essarily involves a “claim of encumbrance” as that term is used in ORS 205.450 to 205.470. In response, petitioner asserts that that argument is foreclosed by Vukanovich v.”
Lincoln Loan Co. v. Est. of George Geppert, 489 P.3d 1095 (Or. Ct. App. 2021). “Kine, 251 Or App 807, 814 , 285 P3d 733 (2012), rev den, 353 Or 203 (2013) (holding that a “notice of lis pendens is an encumbrance * * * because it is a claim or charge that attaches to and binds real prop- erty”); ORS 205.450(1) (defining “encumbrance” as “a claim, lien,…”
Perkett v. Burrows, 345 Or. App. 16 (Or. Ct. App. 2025). “In Vukanovich, the parties disputed whether a lis pendens notice met the statutory requirements of an “encumbrance” under ORS 205.450(1). That statute defines an encumbrance as “a claim, lien, charge or liability attached to and binding property.”
Staton v. Bank of Am. (BAC) Home Loans Servicing LP, 671 F. App'x 459 (9th Cir. 2016). · cites it 2× “” Or. Rev. Stat. § 205.450 (1). Plaintiff claims that several documents constitute invalid claims of encumbrance, including the Deed of Trust, the assignment of the Deed of Trust, the appointment of a successor trustee, the Notice of Default and Election to Sell, and the…”
Calaveras II, LLC v. Eastside Bend, LLC, 350 Or. App. 259 (Or. Ct. App. 2026). · cites it 6× “” ORS 205.450(1). A “valid claim of encumbrance” is one that is “authorized by statute,” among other things.”
In re the Marriage of Baldwin, 306 P.3d 737 (Or. Ct. App. 2013). · cites it 5× “Father asserts that he is entitled to recover damages from the state for these liens under ORS 205.450 to 205.470. ORS 205.470 provides: “Any person who knowingly files, or directs another to file, an invalid claim of encumbrance shall be liable to the owner of the property…”
MITCHELL, Chapter 7 Tr. for the Est. of Moll v. Hohnbaum (Bankr. D. Or. 2020). “080 because the ORS 205.450- .470 does not include its own limitation period, and ORS 12.”
Mitchell, Tr. v. Promwongsa (Bankr. D. Or. 2020). “080 because the ORS 205.450- .470 does not include its own limitation period, and ORS 12.”
Amborn, Tr. v. Peyton (Bankr. D. Or. 2020). “080 because the ORS 205.450- .470 does not include its own limitation period, and ORS 12.”
Perkett v. Burrows, 345 Or. App. 16 (Or. Ct. App. 2025). “In Vukanovich, the parties disputed whether a lis pendens notice met the statutory requirements of an “encumbrance” under ORS 205.450(1). That statute defines an encumbrance as “a claim, lien, charge or liability attached to and binding property.”
Allman v. Allman, 493 P.3d 50 (Or. Ct. App. 2021). “The Invalid Encumbrance Statutes In 1997, the legislature added another tool to the property owners’ arsenal: the invalid encumbrance stat- utes, ORS 205.450 to 205.470. Those statutes were “pro- posed by the Oregon Department of Justice in response to anti-government activities…”
— Or. Rev. Stat. § 205.450(1) — 6 cases
Vukanovich v. Kine, 285 P.3d 733 (Or. Ct. App. 2012). “” Stonecrest petitioned to strike and release any encumbrance created by that notice of lis pendens, arguing that the notice was an invalid claim of encumbrance under ORS 205.”
Lincoln Loan Co. v. Est. of George Geppert, 489 P.3d 1095 (Or. Ct. App. 2021). “Kine, 251 Or App 807, 814 , 285 P3d 733 (2012), rev den, 353 Or 203 (2013) (holding that a “notice of lis pendens is an encumbrance * * * because it is a claim or charge that attaches to and binds real prop- erty”); ORS 205.450(1) (defining “encumbrance” as “a claim, lien,…”
Perkett v. Burrows, 345 Or. App. 16 (Or. Ct. App. 2025). “In Vukanovich, the parties disputed whether a lis pendens notice met the statutory requirements of an “encumbrance” under ORS 205.450(1). That statute defines an encumbrance as “a claim, lien, charge or liability attached to and binding property.”
Perkett v. Burrows, 345 Or. App. 16 (Or. Ct. App. 2025). “In Vukanovich, the parties disputed whether a lis pendens notice met the statutory requirements of an “encumbrance” under ORS 205.450(1). That statute defines an encumbrance as “a claim, lien, charge or liability attached to and binding property.”
Calaveras II, LLC v. Eastside Bend, LLC, 350 Or. App. 259 (Or. Ct. App. 2026). “” ORS 205.450(1). A “valid claim of encumbrance” is one that is “authorized by statute,” among other things.”
— Or. Rev. Stat. § 205.450(4) — 1 case
In re the Marriage of Baldwin, 306 P.3d 737 (Or. Ct. App. 2013). “Father asserts that he is entitled to recover damages from the state for these liens under ORS 205.450 to 205.470. ORS 205.470 provides: “Any person who knowingly files, or directs another to file, an invalid claim of encumbrance shall be liable to the owner of the property…”
— Or. Rev. Stat. § 205.450(5) — 3 cases
Vukanovich v. Kine, 285 P.3d 733 (Or. Ct. App. 2012). “” Stonecrest petitioned to strike and release any encumbrance created by that notice of lis pendens, arguing that the notice was an invalid claim of encumbrance under ORS 205.”
Calaveras II, LLC v. Eastside Bend, LLC, 350 Or. App. 259 (Or. Ct. App. 2026). “” ORS 205.450(1). A “valid claim of encumbrance” is one that is “authorized by statute,” among other things.”
In re the Marriage of Baldwin, 306 P.3d 737 (Or. Ct. App. 2013). “Father asserts that he is entitled to recover damages from the state for these liens under ORS 205.450 to 205.470. ORS 205.470 provides: “Any person who knowingly files, or directs another to file, an invalid claim of encumbrance shall be liable to the owner of the property…”
— Or. Rev. Stat. § 205.450(6) — 1 case
Calaveras II, LLC v. Eastside Bend, LLC, 350 Or. App. 259 (Or. Ct. App. 2026). “” ORS 205.450(1). A “valid claim of encumbrance” is one that is “authorized by statute,” among other things.”
— Or. Rev. Stat. § 205.450(8) — 2 cases
Vukanovich v. Kine, 285 P.3d 733 (Or. Ct. App. 2012). “” Stonecrest petitioned to strike and release any encumbrance created by that notice of lis pendens, arguing that the notice was an invalid claim of encumbrance under ORS 205.”
In re the Marriage of Baldwin, 306 P.3d 737 (Or. Ct. App. 2013). “Father asserts that he is entitled to recover damages from the state for these liens under ORS 205.450 to 205.470. ORS 205.470 provides: “Any person who knowingly files, or directs another to file, an invalid claim of encumbrance shall be liable to the owner of the property…”
— Or. Rev. Stat. § 205.450(8)(a) — 2 cases
Vukanovich v. Kine, 285 P.3d 733 (Or. Ct. App. 2012). “” Stonecrest petitioned to strike and release any encumbrance created by that notice of lis pendens, arguing that the notice was an invalid claim of encumbrance under ORS 205.”
Calaveras II, LLC v. Eastside Bend, LLC, 350 Or. App. 259 (Or. Ct. App. 2026). “” ORS 205.450(1). A “valid claim of encumbrance” is one that is “authorized by statute,” among other things.”
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