Oregon Revised Statutes
As used in ORS 92.010 to 92.192, unless the context requires otherwise: “Declarant” means the person who files a declaration under ORS 92.075. “Declaration” means the instrument described in ORS 92.075 by which the subdivision or partition plat was created. “Lawfully established unit of land” means: A lot or parcel created pursuant to ORS 92.010 to 92.19…
No land may be subdivided or partitioned except in accordance with ORS 92.010 to 92.192.
A person may not create a street or road for the purpose of subdividing or partitioning an area or tract of land without the approval of the city or county having jurisdiction over the area or tract of land to be subdivided or partitioned. Notwithstanding ORS 92.175, an instrument dedicating land to public use may not be accepted for recording in this state…
No person shall sell any lot in any subdivision with respect to which approval is required by any ordinance or regulation adopted under ORS 92.044 and 92.048 until such approval is obtained. No person shall negotiate to sell any lot in a subdivision until a tentative plan has been approved. A person may negotiate to sell any parcel in a partition with respe…
A lawfully created lot or parcel remains a discrete lot or parcel unless the lot or parcel lines are vacated or the lot or parcel is further divided as provided by law. A lawfully created unit of land remains a lawfully established unit of land following a judgment of a circuit court that relocates a property line of the unit of land if the judgment: Resol…
If a person buys a unit of land that is not a lawfully established unit of land, the person may bring an individual action against the seller in an appropriate court to recover damages or to obtain equitable relief. The court shall award reasonable attorney fees to the prevailing party in an action under this section. If the seller of a unit of land that wa…
A person may not sell a lot in a subdivision or a parcel in a partition until the plat of the subdivision or partition has been acknowledged and recorded with the recording officer of the county in which the lot or parcel is situated. A person may not sell a lot in a subdivision or a parcel in a partition by reference to or exhibition or other use of a plat…
A person who conveys or contracts to convey fee title to a lot or parcel, or another unit of land resulting from a lien foreclosure or foreclosure of a recorded contract for the sale of real property, created or established on or after January 1, 2008, must include in the deed or other instrument conveying or contracting to convey fee title: A reference to …
As used in this section, “middle housing land division” means a partition or subdivision of a lot or parcel on which the development of middle housing is allowed under ORS 197A.420 (2) or (3) or 197A.421. A city or county shall approve a tentative plan for a middle housing land division if the application includes: Separate utilities, other than water or w…
Before a plat of any subdivision or partition subject to review under ORS 92.044 may be made and recorded, the person proposing the subdivision or partition or authorized agent or representative of the person shall make an application in writing to the county or city having jurisdiction under ORS 92.042 for approval of the proposed subdivision or partition i…
Land within six miles outside of the corporate limits of a city is under the jurisdiction of the city for the purpose of giving approval of plans, maps and plats of subdivisions and partitions under ORS 92.040 and 227.110. However, unless otherwise provided in an urban growth area management agreement jointly adopted by a city and county to establish procedu…
The governing body of a county or a city shall, by regulation or ordinance, adopt standards and procedures, in addition to those otherwise provided by law, governing, in the area over which the county or the city has jurisdiction under ORS 92.042, the submission and approval of tentative plans and plats of subdivisions and tentative plans and plats of partit…
The governing body of a county or a city may, as provided in ORS 92.048, when reasonably necessary to accomplish the orderly development of the land within the jurisdiction of such county or city under ORS 92.042 and to promote the public health, safety and general welfare of the county or city, adopt regulations or ordinances governing approval, by the coun…
The procedure for adoption of any ordinance or regulation under ORS 92.044 and 92.046 is as follows: The planning commission of the county or the city shall hold a public hearing on the proposed ordinance or regulation after publishing notice of the hearing 10 days prior to the hearing in a newspaper of general circulation published in the area in which lan…
A person shall not submit a plat of a subdivision or partition for record, until all the requirements of ORS 209.250 and the plat requirements of the subdivision or partition have been met. The survey for the plat of the subdivision or partition shall be done in a manner to achieve sufficient accuracy that measurements may be taken between monuments within …
A parcel larger than 10 acres that is created outside an urban growth boundary is not required to be surveyed and monumented and shall comply with the following: The approximate acreage of each unsurveyed parcel shall be shown; and Any unsurveyed parcel shall have the words “unsurveyed” placed in bold letters adjacent to the parcel number. Unsurveyed parc…
The initial point, also known as the point of beginning, of a plat must be on the exterior boundary of the plat and must be marked with a monument that is either galvanized iron pipe or an iron or steel rod. If galvanized iron pipe is used, the pipe may not be less than three-quarter inch inside diameter and 30 inches long. If an iron or steel rod is used, t…
Except for exterior monuments described in ORS 92.060 (5), if the remaining corners of a subdivision are to be monumented on or before a specified date after the recording of the plat of the subdivision, the person subdividing the land described in the subdivision plat shall furnish to the county surveyor, prior to approval of the subdivision plat by the cou…
Except as otherwise provided in this section, a subdivision or partition plat designating the location of land in a county in the State of Oregon, offered for record, must include on the face of the plat a surveyor’s certificate, together with the seal and signature of the surveyor having surveyed the land represented on the plat, to the effect that the surv…
In order to subdivide or partition any property, the declarant shall include on the face of the subdivision or partition plat, if a partition plat is required, a declaration, taken before a notary public or other person authorized by law to administer oaths, stating that the declarant has caused the subdivision or partition plat to be prepared and the proper…
Notwithstanding ORS 205.232 and 205.234, all plats subdividing or partitioning land in a county in this state, dedications of streets or roads or public parks and squares and other writings made a part of the subdivision or partition plats offered for record in a county in this state must be made on material that is 18 inches by 24 inches in size with an add…
Subdivision plat names shall be subject to the approval of the county surveyor or, in the case where there is no county surveyor, the county assessor. No tentative subdivision plan or subdivision plat of a subdivision shall be approved which bears a name similar to or pronounced the same as the name of any other subdivision in the same county, unless the lan…
A subdivision or partition plat may not be recorded unless all ad valorem taxes have been paid, including additional taxes, interest and penalties imposed on land disqualified for any special assessment and all special assessments, fees or other charges required by law to be placed upon the tax roll that have become a lien upon the land or that will become a…
A city, county or special district may not prohibit the employment by a developer of a registered engineer to design or supervise the installation of the improvements of streets, water and sewer lines or other public improvements that are to be installed in conjunction with the development of land using private funds. When design or supervision of installat…
Except as provided in subsection (4) of this section, before a subdivision or partition plat that covers land within the corporate limits of a city may be recorded, the county surveyor must approve the plat. Notwithstanding ORS 92.170, the governing body of the city may, by resolution or order, designate the city surveyor to serve in lieu of the county surv…
Prior to approving a tentative plan for a proposed plat of a proposed subdivision or partition that is subject to review under ORS 92.044, and that is located in whole or in part within the boundaries, an easement or a right of way of an irrigation district, drainage district, water control district or water improvement district, a city or a county shall sub…
For the purposes of providing cities and counties with the necessary information to fulfill the requirements of ORS 92.103, each irrigation district, drainage district, water control district and water improvement district shall submit a report detailing the locations of the district boundaries, district facilities and any easements and rights of way held by…
The governing body of a city or county or its designate is subject to the provisions of ORS 215.427 or 227.178 in taking final action on an application for approval of a tentative plan for a subdivision or partition located within an acknowledged urban growth boundary.
The plat of a subdivision described in ORS 92.050, when made and approved as required and offered for record in the records of the county where the described land is situated, must be recorded by the county recording officer upon the payment of the fees provided by law. The fact of recording and the date of recording must be entered on the plat and the plat …
Any additional tracings of subdivision or partition plats as mentioned in ORS 92.120 other than the one copy filed with the county surveyor shall be transferred to the county surveyor who then shall keep them well bound and safeguarded as required by law. If the original subdivision or partition plat or copy thereof is lost, destroyed, mutilated or missing f…
All subdivision and partition plats shall be indexed in the recording indices of the county. The declarations to such plats shall also be indexed in the indices of Records of Deeds for the county. When the subdivision and partition plats are so recorded and indexed, they shall be the legal record of all subdivision and partition plats. Counties with a conso…
Every donation or grant to the public, including streets and alleys, or to any individual, religious society, corporation or body politic, marked or noted as such on the subdivision or partition plat wherein the donation or grant was made, shall be considered a general warranty to the donee or grantee for the use of the donee or grantee for the purposes inte…
If the comprehensive plan and land use regulations of a city or county have not been acknowledged under ORS 197.251, the city engineer, city surveyor or county surveyor shall immediately notify the Real Estate Commissioner in writing of receipt for approval of any subdivision plat pursuant to ORS 92.100 (1). The notification shall include a general descripti…
Any plat of a subdivision or partition filed and recorded under the provisions of ORS 92.010 to 92.192 may be amended by an affidavit of correction: To show any courses or distances omitted from the subdivision or partition plat; To correct an error in any courses or distances shown on the subdivision or partition plat; To correct an error in the descript…
Land for property dedicated for public purposes may be provided to the city or county having jurisdiction over the land by any of the following methods: By dedication on the land subdivision plat; By dedication on the partition plat, provided that the city or county indicates acceptance of the dedication on the face of the plat; or By a separate dedicatio…
A county or city may approve an application to validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unit of land if the unit of land: Is not a lawfully established unit of land; and Could have complied with the applicable criteria for the creation of a lawfully established unit of land in eff…
When a unit of land was sold before January 1, 2007, but was not a lawfully established unit of land, the governing body of the city or county or its designee shall consider and may approve an application for the creation of a parcel pursuant to ORS 92.176, notwithstanding that less than all of the owners of the existing lawfully established unit of land hav…
The governing body of a county may approve an application requesting formation of one parcel if the county issued a land use decision approving the parcel prior to January 1, 1994, and: A plat implementing the previous land use decision was not recorded; or A condition of approval of the previously approved land use decision requiring consolidation of adja…
Notwithstanding any other provision of law, a person who subdivides or partitions real property shall be liable for the reasonable and necessary costs of continuing utility service to structures on the property being subdivided or partitioned if the subdividing or partitioning causes utility lines to be moved or service to be interrupted, unless the person s…
Each agency or body authorized to approve subdivision or partition plats under ORS 92.040 shall have the same review and approval authority over any proposed replat of a recorded plat. Nothing in this section regarding replatting shall be construed to allow subdividing or partitioning of land without complying with all the applicable provisions of this chap…
The act of replatting shall allow the reconfiguration of lots or parcels and public easements within a recorded plat. Except as provided in subsection (5) of this section, upon approval by the reviewing agency or body as defined in ORS 92.180, replats will act to vacate the platted lots or parcels and easements within the replat area with the following condi…
The replat of a portion of a recorded plat shall not act to vacate any recorded covenants or restrictions. Nothing in ORS 92.180 to 92.190 is intended to prevent the operation of vacation actions by statutes in ORS chapter 271 or 368. The governing body of a city or county may use procedures other than replatting procedures in ORS 92.180 and 92.185 to adju…
As used in this section: “Ground water restricted area” has the meaning given that term in ORS 195.300. “High-value farmland” has the meaning given that term in ORS 195.300. “High-value forestland” has the meaning given that term in ORS 195.300. “Waiver” has the meaning given that term in ORS 195.300. Except as provided in this section, a lawfully estab…
The Legislative Assembly finds that many subdivisions for which plats have been approved and recorded have not been developed and that many such subdivisions were approved prior to the adoption of a comprehensive plan, zoning regulations and ordinances and modern subdivision control standards by the jurisdiction within which the lands described in the subdiv…
Each agency or body authorized to approve subdivision plats under ORS 92.040 may: Review each subdivision approved on or after October 5, 1973, after the expiration of 10 years after the date of such approval. Review each subdivision plat approved more than 10 years prior to October 5, 1973. Each review conducted pursuant to subsection (1) of this section…
The agency or body required to conduct the review under ORS 92.215 shall investigate the status of the lands included within a subdivision to determine whether the subdivision is undeveloped. For the purposes of this section, the lands described in the plat of any subdivision under review shall be considered to be developed if any of the following condition…
Following a hearing conducted as required under ORS 92.225 (4), the agency or body conducting the hearing may: Require the revision of a subdivision and a replat of the subdivision as it considers necessary, if it finds that the subdivision may be revised to comply with the comprehensive plan, zoning ordinances and regulations and other modern subdivision c…
The governing body of a city or county may, by ordinance or regulation adopted in accordance with ORS 92.048, prescribe fees sufficient to defray the costs incurred in the review and investigation of and action upon undeveloped subdivisions for which the plat is modified or vacated under ORS 92.205 to 92.245.
MISCELLANEOUS PROVISIONS
No retroactive ordinances shall be adopted under ORS 92.010 to 92.048, 92.060 to 92.095, 92.120, 93.640, 93.710 and 215.110.
OREGON SUBDIVISION AND SERIES PARTITION CONTROL LAW (Generally)
As used in ORS 92.305 to 92.495: “Blanket encumbrance” means a trust deed or mortgage or any other lien or encumbrance, mechanic’s lien or otherwise, securing or evidencing the payment of money and affecting more than one interest in subdivided or series partitioned land, or an agreement affecting more than one such lot, parcel or interest by which the subd…
The Legislative Assembly finds that the development of new subdivisions and series partitions and the promotion of sales and leases of such property are now largely uncontrolled and unregulated in this state and that a need exists to protect the public from fraud, deceit and misrepresentation. The provisions of ORS 92.305 to 92.495 are in addition to, and n…
The Legislative Assembly finds that the repeal of ORS 92.500 to 92.810 and 92.990 (2) and (3) (1973 Replacement Part), by section 23, chapter 1, Oregon Laws 1974 (special session), may cause irreparable damage to the interests of consumers involved in real estate transactions. It is therefore declared to be the policy of the State of Oregon that the Attorney…
A person may not sell or lease any subdivided lands or series partitioned lands without having complied with all the applicable provisions of ORS 92.305 to 92.495 except that: ORS 92.305 to 92.495 do not apply to the sale or leasing of: Apartments or similar space within an apartment building; Cemetery lots, parcels or units in Oregon; Subdivided lands a…
The Real Estate Commissioner shall grant an exemption pursuant to this section if a subdivider or series partitioner submits on a form prepared by the commissioner, verification that: The subdivision or series partition is recorded pursuant to ORS 92.010 to 92.192; Each lot or parcel is situated on a surfaced roadway which, together with means for operatio…
The moneys received under ORS 92.305 to 92.495 and this section shall be paid into the State Treasury and placed to the credit of the General Fund in the Real Estate Account established under ORS 696.490.
(Filing Requirements)
Prior to negotiating within this state for the sale or lease of subdivided lands located outside this state, or prior to the sale or lease of any subdivided or series partitioned lands located within this state, the subdivider, series partitioner or agent of the subdivider or series partitioner shall by a “Notice of Intention” notify the Real Estate Commissi…
The Real Estate Commissioner may require the subdivider or series partitioner to furnish such additional information in a “Request for Further Information” as the commissioner determines to be necessary in the administration and enforcement of ORS 92.305 to 92.495 including but not limited to: A statement of the terms and conditions on which it is intended …
The information required under ORS 92.345 and 92.355 shall be kept current by the subdivider or series partitioner. Any material change in the information furnished to the Real Estate Commissioner shall be reported by the subdivider or series partitioner within 10 days after the change occurs. A subdivider or series partitioner shall be responsible for the …
Every nonresident subdivider or series partitioner, at the time of filing the notice of intention and information required by ORS 92.345 and 92.355, and every nonresident developer who acquires more than 10 lots or parcels in a subdivision or series partition during a six consecutive month period, at the time the developer acquires the lots, parcels or inter…
(Examination of Subdivision and Series Partition; Public Report)
The Real Estate Commissioner may make an examination of any subdivision or series partition subject to ORS 92.305 to 92.495 to be offered for sale or lease and may make a public report of the commissioner’s findings. If a subdivision or series partition is located within this state and if no report is made within 45 days after examination of the subdivision …
With respect to any subdivision or series partition within this state, if, after examination of the preliminary notice of intention required by ORS 92.345 or the reply to the Real Estate Commissioner’s request for further information, the commissioner concludes that the sale or lease of any portion of such subdivision or series partition would be reasonably …
Unless the making of a public report has been waived, a person may not sell or lease a lot, parcel or interest in a subdivision or series partition prior to the issuance of the report. A copy of the public report, when issued, must be given to the prospective purchaser by the subdivider, series partitioner or developer, or an agent of the subdivider, series…
Notwithstanding the effective date of chapter 643, Oregon Laws 1975, prior to February 1, 1976, the Real Estate Commissioner may review any subdivision for which a public report has been issued and is dated prior to September 13, 1975, and when the commissioner considers it necessary for the protection of the public from fraud, deceit or misrepresentation, t…
When an examination is to be made of subdivided or series partitioned lands situated in the State of Oregon, or of subdivided lands situated outside the state which will be offered for sale or lease within this state, the Real Estate Commissioner, in addition to the filing fee provided in ORS 92.345, may require the subdivider or series partitioner to advanc…
No lot, parcel or interest in a subdivision or series partition shall be sold by a subdivider, series partitioner or developer by means of a land sale contract unless a collection escrow is established within this state with a person or firm authorized to receive escrows under the laws of this state and all of the following are deposited in the escrow: A co…
A purchaser of a lot, parcel or interest in a subdivision or series partition may cancel, for any reason, any contract, agreement or any evidence of indebtedness associated with the sale of the lot, parcel or interest in the subdivision or series partition within three business days from the date of signing by the purchaser of the first written offer or cont…
Subject to ORS 92.427 (7), the first written real property sales contract signed by the purchaser for the sale of a lot, parcel or interest in a subdivision or series partition shall contain, either upon the first page of such contract or upon a separate sheet attached to such first page, the following notice in at least 8-point type: ______________________…
A purchaser of a vendor’s interest or a holder of an encumbrance secured by a vendor’s interest in a land sale contract for which an escrow has been established pursuant to ORS 92.425 shall deposit in the escrow any instruments necessary to assure that the contract vendee can obtain the legal title bargained for upon compliance with the terms and conditions …
Records of the sale or lease of real property within a subdivision or series partition shall be subject to inspection by the Real Estate Commissioner. (Prohibited Acts)
Subject to the provisions of ORS 92.425, no lot, parcel or other interest in a subdivision or series partition shall be sold by a subdivider, series partitioner or developer subject to a blanket encumbrance unless there exists in the blanket encumbrance or other supplementary agreement a provision which by its terms shall unconditionally provide that the pur…
No person shall, in connection with the offer, sale or lease of any lot, parcel or interest in a real estate subdivision or series partition, directly or indirectly: Employ any device, scheme or artifice to defraud; Make any untrue statement of a material fact or fail to state a material fact necessary to make the statement made, in the light of the circum…
It shall be unlawful for any owner, subdivider, developer, series partitioner, agent or employee of such persons or other person, who with intent, directly or indirectly, to sell or lease subdivided or series partitioned lands or lots, parcels or interests therein, to authorize, use, direct or aid in the publication, distribution or circularization of any ad…
Any condition, stipulation or provision in any sales contract or lease, or in any other legal document, binding any purchaser or lessee to waive any legal rights under ORS 92.305 to 92.495 against the subdivider, series partitioner or developer shall be deemed to be contrary to public policy and void. (Enforcement)
In addition to any other penalties provided by law, the Real Estate Commissioner may impose a civil penalty for violation of the provisions of ORS 92.305 to 92.495. No civil penalty shall exceed $1,000 per violation. Civil penalties under this section shall be imposed as provided in ORS 183.745.
Whenever the Real Estate Commissioner finds that any owner, subdivider, series partitioner, developer or other person is violating any of the provisions of ORS 92.305 to 92.495 or of the alternative requirements of the commissioner prescribed pursuant to ORS 92.425 (3), the commissioner may order the persons to desist and refrain from violating the provision…
SUBDIVISION IN MANUFACTURED DWELLING PARK OR MOBILE HOME PARK
As used in ORS 92.830 to 92.845, unless the context requires otherwise: “Declarant” means a person who makes a declaration pursuant to ORS 92.845. “Lot” has the meaning given that term in ORS 92.010. “Manufactured dwelling” has the meaning given that term in ORS 90.100. “Manufactured dwelling park” and “mobile home park” have the meanings given those ter…
The Legislative Assembly finds: There is a need to create a mechanism for owners of manufactured dwellings in existing manufactured dwelling parks and mobile home parks to acquire individual ownership interest in the lot on which the dwelling is located; The creation of an individual ownership interest should not impose an undue financial burden on the own…
Notwithstanding the standards and procedures established under ordinances and regulations adopted by the governing body of a city or a county under ORS 92.044 or 92.048, when application for approval of the subdivision of a manufactured dwelling park or mobile home park that was lawfully approved before July 2, 2001, is made under ORS 92.040 to the governing…
Except as provided in subsection (2) of this section, city or county comprehensive plans and land use regulations that applied at the time the manufactured dwelling park or mobile home park was approved continue to apply to park land that is converted to a subdivision pursuant to ORS 92.830 to 92.845 until the earlier of: The sale of all of the newly create…
When a declarant submits an application for approval of the conversion of a manufactured dwelling park or mobile home park to a planned community subdivision of manufactured dwellings pursuant to ORS 92.830 to 92.845, the declarant shall give each tenant: A copy of any notice given by the local government to neighboring property owners regarding the applica…
Notwithstanding the provisions of ORS 92.016 (1), prior to the approval of a tentative plan, the declarant may negotiate to sell a lot for which approval is required under ORS 92.830 to 92.845. Prior to the sale of a lot, the declarant shall offer to sell the lot to the tenant who occupies the lot. The offer required under this subsection: Terminates 60 da…
A declaration made pursuant to ORS 92.845, or an amendment to the declaration, may not be recorded unless first approved by the tax collector for the county where the property is located and the Real Estate Commissioner. A tax collector shall approve a declaration or amendment submitted under this section if: All ad valorem taxes, special assessments, fees…
A planned community subdivision of manufactured dwellings created in a manufactured dwelling park or mobile home park under ORS 92.830 to 92.845: Is subject to ORS 94.550 to 94.783; Is not subject to system development charges or other similar charges that are based on approval of the subdivision; and Remains subject to system development charges that are…
Violation of any provision of ORS 92.010 to 92.090, 92.100 and 92.120 to 92.170 or of any regulation or ordinance adopted thereunder, is a Class C misdemeanor. This subsection does not apply to a sale of property that is not a lawfully established unit of land made to or from a purchaser as described in ORS 92.018 (3) or (4). Any person who violates any of…