ORS 92.075
Declaration required to subdivide or partition property

  • contents

(1)

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 property subdivided or partitioned in accordance with the provisions of this chapter. Any dedication of land to public purposes or any public or private easements created, or any other restriction made, shall be stated in the declaration.

(2)

If the declarant is not the fee owner of the property, the fee owner and the vendor under any instrument of sale shall also execute the declaration for the purpose of consenting to the property being subdivided or partitioned.

(3)

If the subdivision or partition plat contains any dedication or donation of land to public purposes, the holder of any mortgage or trust deed shall also execute the declaration for the purpose of consenting to the property being submitted to the provisions of this chapter.

(4)

Notwithstanding the provisions of subsections (1) to (3) of this section, the fee owner, vendor or the mortgage or trust deed holder may record an affidavit consenting to the declaration of property being subdivided or partitioned and to any dedication or donation of property to public purposes. The affidavit must indicate the recorded document by which the interest in the property was acquired and all information required by ORS 93.410 (Execution and acknowledgment of deeds) to 93.530 (Execution, acknowledgment and recordation of assignments of sheriffs’ certificates of sale) and must be recorded in deed records at the same time as the subdivision or partition plat. The county clerk shall note the recording information of the affidavit on the original and any exact copies of the subdivision or partition plat. [1991 c.763 §3; 1995 c.382 §8; 2005 c.399 §9]
Note: 92.075 (Declaration required to subdivide or partition property) was added to and made a part of ORS chapter 92 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 92.075 — Declaration required to subdivide or partition property; contents, https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html.

Notes of Decisions

This section provides legal requirements for establishing plat and does not foreclose existence of implied easement or preclude court from considering plat that does not include required declaration regarding easement in determining whether implied easement exists. Dayton v. Jordan, 302 Or App 256, 460 P3d 525 (2020)

92.010
Definitions for ORS 92.010 to 92.192 92.012
Compliance with ORS 92.010 to 92.192 required 92.014
Approval of city or county required for specified divisions of land 92.016
Sale or negotiation to sell lot or parcel prior to approval of tentative plan 92.017
Lawfully created units of land 92.018
Buyer’s remedies for purchase of improperly created unit of land 92.025
Prohibition of sale of lot or parcel prior to recordation of plat 92.027
Deed reference to creation of unit of land 92.031
Middle housing land division 92.040
Application for approval of subdivision or partition 92.042
Governing body having jurisdiction to approve plans, maps or plats 92.044
Adoption of standards and procedures governing approval of plats and plans 92.046
Adoption of regulations governing approval of partitioning of land 92.048
Procedure for adoption of regulations under ORS 92.044 and 92.046 92.050
Requirements of survey and plat of subdivision and partition 92.055
Requirements for unsurveyed and unmonumented parcels on plats 92.060
Marking subdivision, partition or condominium plats with monuments 92.065
Monumenting certain subdivision corners after recording plat 92.070
Surveyor’s certificates 92.075
Declaration required to subdivide or partition property 92.080
Preparation of plat 92.090
Approval of subdivision plat names 92.095
Payment of taxes, interest or penalties before subdivision or partition plat recorded 92.097
Employment of registered engineer by private developer 92.100
Approval of plat by city or county surveyor 92.103
Notice to district of tentative plan 92.104
District to report boundary locations 92.105
Time limit for final action by city or county on tentative plan 92.120
Recording plats 92.130
Additional tracings transferred to county surveyor 92.140
Indexing of plats 92.150
Construction of donations marked on plat 92.160
Notice to Real Estate Commissioner of receipt of subdivision plat 92.170
Amending recorded plat 92.175
Methods by which certain land may be provided for public purposes 92.176
Validation of unit of land not lawfully established 92.177
Creation of parcel by less than all owners of lawfully established unit of land 92.178
Creation of parcel previously approved but not acted upon 92.179
Liability for costs of relocating utility facilities 92.180
Authority to review replats 92.185
Reconfiguration of lots or parcels and public easements 92.190
Effect of replat 92.192
Property line adjustment 92.205
Policy 92.215
Review authorized 92.225
Review of undeveloped or developed subdivision plat lands 92.234
Revision, vacation of undeveloped subdivisions 92.245
Fees for review proceedings resulting in modification or vacation 92.285
Retroactive ordinances prohibited 92.305
Definitions for ORS 92.305 to 92.495 92.313
Policy 92.317
Policy 92.325
Application of ORS 92.305 to 92.495 92.337
Exemption procedures 92.339
Use of fees 92.345
Notice of intention 92.355
Commissioner may request further information 92.365
Filing information to be kept current 92.375
Consent to service of process on commissioner 92.377
Written notice to land division applicant 92.385
Examination 92.395
Waiver of examination in this state 92.405
Sale prohibited where public report not waived 92.410
Review of subdivisions for which public report issued 92.415
Advance of travel expense for examination of subdivision or series partition 92.425
Conditions prerequisite to sale 92.427
Cancellation of agreement to buy interest in subdivision or series partition 92.430
Notice to purchaser of cancellation rights 92.433
Escrow documents required of successor to vendor’s interest 92.455
Inspection of records 92.460
Blanket encumbrance permitted only in certain circumstances 92.465
Fraud and deceit prohibited 92.475
False or misleading advertising prohibited 92.485
Waiver of legal rights void 92.490
Civil penalty 92.495
Cease and desist order 92.830
Definitions for ORS 92.830 to 92.845 92.832
Policy 92.835
Subdivision of manufactured dwelling park or mobile home park 92.837
Application of city or county comprehensive plans and land use regulations 92.839
Notice to tenants of conversion and tenants’ rights during conversion 92.840
Sale of subdivision lots 92.843
Approval of declaration or amendment to declaration made pursuant to ORS 92.845 92.845
Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes 92.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 92.075’s source at oregon​.gov