Recording Definitions

Page Requirements

A page is 8-1/2 inches by 14 inches or less. Flaps attached to a page must be attached (no staples) on at the top and bottom. Anything under the flap will not be recorded. if any part of the document is less than 8-1/2 by 11 inches, we would appreciate it being placed on an 8-1/2 by 11 or 14 inch piece of white paper. A blank space the size of a business card must be provided in the upper right hand corner of the first page for the recording information label and seal, if space is not available, a "Coversheet" will need to be prepared by the recording party and a $5 fee will be added for the coversheet page.

Transaction

Any recordable document title.

Each document shall have at least one document title(transaction). Each additional title/transaction will be charged a multiple transaction fee.

If multiple transactions are within the document and are not included as part of the document title the only transactions that will be indexed are those listed in the title.

Each transaction will be indexed in the same manner as if recorded as a separate document, but, only one document microfilm number will be issued.

Assessment and Taxation + Housing Related Fees

This $25 fee will increase to $30 in 2014.  The fee is collected by the county for the State Department of Revenue. The 2009 Oregon Legislature added $15 to the existing $10 fee through House Bill 2436 effective September 28, 2009. The 2013 Oregon Legislature increased the housing related fee an additional $5 via HB 2417. The fee increase goes into effect on January 1, 2014, and is earmarked to support state housing programs. The earmarked funds are administered by the Oregon Housing and Community Services Department.  The $10 Assessment & Taxation fees are utilized by the Department of Revenue and the County for use in appraisal programs. The Board of County Commissioners adopted a $2 fee for collection services that is applied for collecting the housing fee on behalf of the state. The collection fee is applied once per document transaction title subject to the fee.

Oregon Land Information System Fee

A $1 fee that is collected and deposited in the "Oregon Land Information System Fund". (ORS 205.320 HB2139 & 3581 '99 Leg.)

The fee is applied to all documents recorded except:

  • Evidence of authority to solemnize marriages
  • Instruments exempt from a recording fee
  • Internal instruments not usually charged a recording fee

This fee is charged once per document regardless of title count.

Land Corner Preservation Fee

This fee is assessed at the time of recording on the documents indicated on the list below. This fee is charged once per document regardless of title count. It is collected for the County Surveyor to be used to re-monument government corners.

  • Abstracts (real property and probate)
  • Affidavits (heirship, inheritance and ownership)No statutory authority to record located. Court determination may be REQUIRED.
  • Agreements (modification, assignment, release, water, trust, road maintenance, assumption and subordination)
  • Applications to Exempt Mobile Home From Registration of Title
  • Bills of Sale (real property)
  • Contracts (modification, assignment and release)
  • Decrees (divorce, distribution and estate proceeding)
  • Deeds (all deeds in whatever form, except Partition Plats)
  • Disclaimers
  • Easements (release)
  • Indentures (supplemental)
  • Inheritance Tax
  • Judgments (release of property)
  • Leases (modification, assignment and release)
  • Licenses
  • Mortgages (modification, assignment, partial release, release, satisfaction and subordination)
  • Municipal Home Repair Liens (satisfaction)
  • Notes
  • Notice of Lis Pendens (release)
  • Options (release)
  • Permits (revocation)
  • Trust Deeds/Deeds of Trust (modification, assignment, partial reconveyance, reconveyance)
  • Waivers

Geographic Information System (GIS) Fee

This fee was created via Ordinance 97-132, continued by Order D97-043 and amended in D2009-082 from $15 to $20 by the Benton County Commissioners on the same documents assessed the Land Corner Preservation Fee, shown in the list above.

This fee is collected for the Benton County Geographic Information System administered by the GIS steering committee and housed with the Information Resources Division. This fee is charged once per document regardless of title count.

ORS (Oregon Revised Statutes)

Reference to related State Statutes.

BCC (Benton County Code)

Reference to related portions of the County Code adopted by the Benton County Board of Commissioners.