Unit I Law - Oregon Real Estate Law 2

Question 1

92.105 Time limit for final action by city or county on tentative plan.

Answer 1

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.

Question 2

92.120 Recording plats; filing copies; preservation of records.

1

Answer 2

1) 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 must be indexed in the deed records by owner name and subdivision.

Question 3

92.120 Recording plats; filing copies; preservation of records.

2

Answer 3

(2) The partition plat 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 must be indexed by owner name and plat type or plat name. Partition plats must be numbered by year and sequentially and be recorded in deed records.

Question 4

92.120 Recording plats; filing copies; preservation of records.

3

Answer 4

(3) At the time of recording a subdivision or partition plat, the person offering it for recording shall also file with the county surveyor and with the county recording officer, if requested by the county recording officer, an exact copy of the plat made on material that has the characteristics of strength and permanency required by the county surveyor. The surveyor who made the subdivision or partition plat shall certify that the photocopy or tracing is an exact copy of the subdivision or partition plat. The subdivider shall provide without cost the number of prints from the copy that are required by the governing body of the county.

Question 5

92.120 Recording plats; filing copies; preservation of records.

4

Answer 5

(4) For the purpose of preserving the record of subdivision or town plats or partition plats, the plats may be microfilmed or stored for safekeeping without folding or cutting. All records must be created and stored in accordance with all applicable rules and regulations and in a manner that ensures the permanent preservation of the record.

Question 6

92.130 Additional tracings transferred to county surveyor; replacing lost or destroyed records.

Answer 6

TEST ON addition to county assessor, the county survey hast o keep physical copies of the subdivision. Back up system in case anything happens.

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 from the county records, the county surveyor shall make a copy thereof, and file it in the proper office of record. Each such copy made by the county surveyor pursuant to this section shall bear a certificate of the surveyor that it was made in compliance with this section, and that it is a true copy of the original record.

Question 7

92.140 Indexing of plats.

1

Answer 7

**Usually indexed by numbers and dates. More sophisticated counties or cities my do by name.

(1) 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.

Question 8

92.140 Indexing of plats.

2

Answer 8

(2) Counties with a consolidated index may index plats in the consolidated index. The declarants shall be indexed as the direct parties and the plat name shall be indexed as the indirect party.
* **declarant must be on consolidated and regular index - whatever that means

Question 9

92.140 Indexing of plats.

3

Answer 9

(3) The subdivision and partition plats shall be preserved as the permanent record of the county.

Question 10

92.150 Construction of donations marked on plat.

Answer 10

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 intended by the donor or grantor.

Question 11

92.160 Notice to Real Estate Commissioner of receipt of subdivision plat.

Answer 11

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 description of the land with the number of lots and total acreage covered by the subdivision plat and the names of the persons submitting the subdivision plat for approval.

Question 12

92.170 Amending recorded plat; affidavit of correction; fees.

1

Answer 12

**Any change in Platt must be redone seperately on a new submission that is then attached to the original.

(1) Any plat of a subdivision or partition filed and recorded under the provisions of ORS 92.018 to 92.190 may be amended by an affidavit of correction:
(a) To show any courses or distances omitted from the subdivision or partition plat;
(b) To correct an error in any courses or distances shown on the subdivision or partition plat;
(c) To correct an error in the description of the real property shown on the subdivision or partition plat; or
(d) To correct any other errors or omissions where the error or omission is ascertainable from the data shown on the final subdivision or partition plat as recorded.

Question 13

92.170 Amending recorded plat; affidavit of correction; fees.

2

Answer 13

(2) Nothing in this section shall be construed to permit changes in courses or distances for the purpose of redesigning lot or parcel configurations.

Question 14

92.170 Amending recorded plat; affidavit of correction; fees.

3

Answer 14

(3) The affidavit of correction shall be prepared by the registered professional land surveyor who filed the plat of the subdivision or partition. In the event of the death, disability or retirement from practice of the surveyor who filed the subdivision or partition plat, the county surveyor may prepare the affidavit of correction. The affidavit shall set forth in detail the corrections made and show the names of the present fee owners of the property materially affected by the correction. The seal and signature of the registered professional land surveyor making the correction shall be affixed to the affidavit of correction.

Question 15

92.170 Amending recorded plat; affidavit of correction; fees.

4

Answer 15

(4) The county surveyor shall certify that the affidavit of correction has been examined and that the changes shown on the certificate are permitted under this section.

Question 16

92.170 Amending recorded plat; affidavit of correction; fees.

5

Answer 16

(5) The surveyor who prepared the affidavit of correction shall cause the affidavit to be recorded in the office of the county recorder where the subdivision or partition plat is recorded. The county clerk shall return the recorded copy of the affidavit to the county surveyor. The county surveyor shall note the correction and the recorder’s filing information, with permanent ink, upon any true and exact copies filed in accordance with ORS 92.120 (3). The corrections and filing information shall be marked in such a manner so as not to obliterate any portion of the subdivision or partition plats.

Question 17

92.170 Amending recorded plat; affidavit of correction; fees.

6

Answer 17

(6) For recording the affidavit in the county deed records, the county clerk shall collect a fee as provided in ORS 205.320. The county clerk shall also collect a fee set by the county governing body to be paid to the county surveyor for services provided under this section. Corrections or changes shall not be allowed on the original plat once it is recorded with the county clerk.

Question 18

92.175 Methods by which certain land may be provided for public purposes.

1

Answer 18

(1) 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:
(a) By dedication on the land subdivision plat;
(b) By dedication on the partition plat, provided that the city or county indicates acceptance of the dedication on the face of the plat; or
(c) By a separate dedication or donation document on the form provided by the city or county having jurisdiction over the area of land to be dedicated.

Question 19

92.175 Methods by which certain land may be provided for public purposes.

2

Answer 19

(2) Notwithstanding subsection (1) of this section, utility easements in partition and condominium plats may be granted for public, private and other regulated utility purposes without an acceptance from the governing body having jurisdiction.

Question 20

92.176 Validation of unit of land not lawfully
established.

1

Answer 20

(1) 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:
(a) Is not a lawfully established unit of land; and
(b) Could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold.

Question 21

92.176 Validation of unit of land not lawfully established.

2

Answer 21

2) Notwithstanding subsection (1)(b) of this section, a county or city may approve an application to validate a unit of land under this section if the county or city approved a permit, as defined in ORS 215.402 or 227.160, respectively, for the construction or placement of a dwelling or other building on the unit of land after the sale. If the permit was approved for a dwelling, the county or city must determine that the dwelling qualifies for replacement under the criteria set forth in ORS 215.755 (1)(a) to (e).

Question 22

92.176 Validation of unit of land not lawfully established.

3

Answer 22

(3) A county or city may approve an application for a permit, as defined in ORS 215.402 or 227.160, respectively, or a permit under the applicable state or local building code for the continued use of a dwelling or other building on a unit of land that was not lawfully established if:
(a) The dwelling or other building was lawfully established prior to January 1, 2007; and
(b) The permit does not change or intensify the use of the dwelling or other building.

Question 23

92.176 Validation of unit of land not lawfully established.

4

Answer 23

(4) An application to validate a unit of land under this section is an application for a permit, as defined in ORS 215.402 or 227.160. An application to a county under this section is not subject to the minimum lot or parcel sizes established by ORS 215.780.

Question 24

92.176 Validation of unit of land not lawfully established.

5

Answer 24

(5) A unit of land becomes a lawfully established parcel when the county or city validates the unit of land under this section if the owner of the unit of land causes a partition plat to be recorded within 90 days after the date the county or city validates the unit of land.

Question 25

92.176 Validation of unit of land not lawfully established.

6

Answer 25

(6) A county or city may not approve an application to validate a unit of land under this section if the unit of land was unlawfully created on or after January 1, 2007.

Question 26

92.176 Validation of unit of land not lawfully established.

7

Answer 26

(7) Development or improvement of a parcel created under subsection (5) of this section must comply with the applicable laws in effect when a complete application for the development or improvement is submitted as described in ORS 215.427 (3)(a) or 227.178 (3)(a

Question 27

92.177 Creation of parcel by less than all owners of lawfully established unit of land.

Answer 27

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 have applied for the approval.

Question 28

92.178 Creation of parcel previously approved but not acted upon.

1

Answer 28

(1) 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) A plat implementing the previous land use decision was not recorded; or
(b) A condition of approval of the previously approved land use decision requiring consolidation of adjacent lots or parcels was not complied with by a previous owner of the land.

Question 29

92.178 Creation of parcel previously approved but not acted upon.

2

Answer 29

(2) An application under this section is not subject to ORS 215.780.

Question 30

92.178 Creation of parcel previously approved but not acted upon.

3

Answer 30

(3) Approval of an application under this section does not affect the legal status of land that is not the subject of the application.

Question 31

92.178 Creation of parcel previously approved but not acted upon.

4

Answer 31

(4) As used in this section:
(a) “Lot” has the meaning given the term in ORS 92.010.
(b) “Parcel” has the meaning given the term in ORS 92.010. [2005 c.240 1]

Question 32

92.179 Liability for costs of relocating utility facilities.

Answer 32

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 subdividing or partitioning the real property grants an easement to the utility service provider to accommodate continuing utility service to the structures.

Question 33

92.180 Authority to review replats.

1

Answer 33

(1) 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.

Question 34

92.180 Authority to review replats.

2

Answer 34

(2) 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 chapter.

Question 35

92.185 Reconfiguration of lots or parcels and public easements; vacation; notice; utility easements.

1

Answer 35

(1) A replat, as defined in ORS 92.010 shall apply only to a recorded plat.

***can change size of lots but cannot change rules and regulations.

Question 36

92.185 Reconfiguration of lots or parcels and public easements; vacation; notice; utility easements.

2

Answer 36

(2) Notice shall be provided as described in ORS 92.225 (4) when the replat is replatting all of an undeveloped subdivision as defined in ORS 92.225.

Question 37

92.185 Reconfiguration of lots or parcels and public easements; vacation; notice; utility easements.

3

Answer 37

(3) Notice, consistent with the governing body of a city or county approval of a tentative plan of a subdivision plat, shall be provided by the governing body to the owners of property adjacent to the exterior boundaries of the tentative subdivision replat.

Question 38

92.185 Reconfiguration of lots or parcels and public easements; vacation; notice; utility easements.

4

Answer 38

(4) When a utility easement is proposed to be realigned, reduced in width or omitted by a replat, all affected utility companies or public agencies shall be notified, consistent with a governing body’s notice to owners of property contiguous to the proposed plat. Any utility company that desires to maintain an easement subject to vacation under this section must notify the governing body in writing within 14 days of the mailing or other service of the notice.

Question 39

92.185 Reconfiguration of lots or parcels and public easements; vacation; notice; utility easements.

5

Answer 39

(5) A replat shall not serve to vacate any public street or road.

Question 40

92.185 Reconfiguration of lots or parcels and public easements; vacation; notice; utility easements.

6

Answer 40

(6) A replat shall comply with all subdivision provisions of this chapter and all applicable ordinances and regulations adopted under this chapter.

Question 41

92.185 Reconfiguration of lots or parcels and public easements; vacation; notice; utility easements.

Answer 41

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 conditions:

(should be at begining but no number)

Question 42

92.190 Effect of replat; operation of other statutes; use of alternate procedures.

1

Answer 42

(1) The replat of a portion of a recorded plat shall not act to vacate any recorded covenants or restrictions.

Question 43

92.190 Effect of replat; operation of other statutes; use of alternate procedures.

2

Answer 43

(2) 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.

Question 44

92.190 Effect of replat; operation of other statutes; use of alternate procedures.

3

Answer 44

(3) The governing body of a city or county may use procedures other than replatting procedures in ORS 92.180 and 92.185 to adjust property lines as described in ORS 92.010 (12), as long as those procedures include the recording, with the county clerk, of conveyances conforming to the approved property line adjustment as surveyed in accordance with ORS 92.060 (7).

Question 45

92.190 Effect of replat; operation of other statutes; use of alternate procedures.

4

Answer 45

(4) A property line adjustment deed shall contain the names of the parties, the description of the adjusted line, references to original recorded documents and signatures of all parties with proper acknowledgment.

Question 46

92.192 Property line adjustment; zoning ordinances; lot or parcel size.

1

Answer 46

TEST Can’t adjust property line simply to rezone.

(1) Except as provided in this section, a unit of land that is reduced in size by a property line adjustment approved by a city or county must comply with applicable zoning ordinances after the adjustment.

Question 47

92.192 Property line adjustment; zoning ordinances; lot or parcel size.

2

Answer 47

(2) Subject to subsection (3) of this section, for properties located entirely outside the corporate limits of a city, a county may approve a property line adjustment in which:
(a) One or both of the abutting properties are smaller than the minimum lot or parcel size for the applicable zone before the property line adjustment and, after the adjustment, one is as large as or larger than the minimum lot or parcel size for the applicable zone; or
(b) Both abutting properties are smaller than the minimum lot or parcel size for the applicable zone before and after the property line adjustment.

Question 48

92.192 Property line adjustment; zoning ordinances; lot or parcel size.

3

Answer 48

(3) On land zoned for exclusive farm use, forest use or mixed farm and forest use, a property line adjustment under subsection (2) of this section may not be used to:
(a) Decrease the size of a lot or parcel that, before the relocation or elimination of the common property line, is smaller than the minimum lot or parcel size for the applicable zone and contains an existing dwelling or is approved for the construction of a dwelling, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling;
(b) Decrease the size of a lot or parcel that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than the minimum lot or parcel size, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling; or
(c) Allow an area of land used to qualify a tract for a dwelling based on an acreage standard to be used to qualify another tract for a dwelling if the land use approval would be based on an acreage standard.

Question 49

92.205 Policy.

1

Answer 49

***if approved subdivision has been approved but does nothing for 10 years, they must go through the approval process again.

1) 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 subdivision plats are situated.

Question 50

92.205 Policy.

2

Answer 50

(2) The Legislative Assembly finds, therefore, that it is necessary for the protection of the public health, safety and welfare to provide for the review of undeveloped subdivisions for the purpose of modifying such subdivisions, if necessary, to comply with the current comprehensive plan, zoning ordinances and regulations and modern subdivision control standards, or, if such modification is not feasible, of vacating the nonconforming, undeveloped subdivisions and to vacate any lands dedicated for public use that are described in the plat of each such vacated subdivision.

Question 51

92.215 Review authorized; manner.

1

Answer 51

(1) Each agency or body authorized to approve subdivision plats under ORS 92.040 may:
(a) Review each subdivision approved on or after October 5, 1973, after the expiration of 10 years after the date of such approval.
(b) Review each subdivision plat approved more than 10 years prior to October 5, 1973.

Question 52

92.215 Review authorized; manner.

2

Answer 52

(2) Each review conducted pursuant to subsection (1) of this section shall be conducted in the manner and subject to the conditions prescribed in ORS 92.225.

Question 53

92.225 Review of undeveloped or developed subdivision plat lands.

1

Answer 53

(1) 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.

Question 54

92.225 Review of undeveloped or developed subdivision plat lands.

2

Answer 54

(2) 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 conditions are found by the agency or body conducting the review to exist on such lands:
(a) Roadways providing access into and travel within the subdivision have been or are being constructed to meet the specifications prescribed therefor by the agency or body that approved the plat of the subdivision;
(b) Facilities for the supply of domestic or industrial water to lots created by the subdivision have been or are being constructed;
(c) Sanitary sewerage disposal facilities have been or are being constructed for lots created by the subdivision, or septic tanks have been or are being installed on the land or permits have been issued for their installation on the land;
(d) Buildings have been or are being constructed upon the land or permits have been issued for the construction of buildings upon the land; and
(e) One or more lots described in the plat of the subdivision have been sold or otherwise transferred prior to the date of the initiation of such review.

Question 55

92.225 Review of undeveloped or developed subdivision plat lands.

3

Answer 55

(3) If the agency or body determines that a subdivision is undeveloped after its investigation of the subdivision under subsection (1) of this section, it shall also determine:
(a) If the undeveloped subdivision complies with the comprehensive plan, zoning regulations and ordinances and subdivision ordinances and regulations then in effect with respect to lands in the subdivision; and
(b) If the undeveloped subdivision does not comply with such plan and ordinances and regulations, whether the subdivision may be revised to comply with such plan and ordinances and regulations.

Question 56

92.225 Review of undeveloped or developed subdivision plat lands.

4

Answer 56

(4) If the agency or body determines that a subdivision is undeveloped after its investigation of the subdivision under subsection (1) of this section, it shall hold a hearing to determine whether the undeveloped subdivision should be revised and the subdivision replatted or vacated and all lands within the subdivision that have been dedicated for public use vacated. Not later than 30 days before the date of a hearing held by an agency or body under this section, the agency or body shall notify, in writing, each owner of record of land described in the plat of the subdivision under review of the date, place, time and purpose of such hearing.

Question 57

92.234 Revision, vacation of undeveloped subdivisions; vacation proceedings; effect of initiation by affected landowner.

1

Answer 57

(1) Following a hearing conducted as required under ORS 92.225 (4), the agency or body conducting the hearing may:
(a) 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 control standards not in existence when the subdivision was initially approved; or
(b) Initiate proceedings, as provided in subsection (3) of this section, for vacation of the subdivision, if it finds that the subdivision cannot be revised in accordance with the comprehensive plan, zoning ordinances and regulations and other modern subdivision control standards not in existence when the subdivision was initially approved.

Question 58

92.234 Revision, vacation of undeveloped subdivisions; vacation proceedings; effect of initiation by affected landowner.

2

Answer 58

(2) If an agency or body requires the revision and replat of a subdivision under subsection (1)(a) of this section, it shall approve the subdivision only upon the completion of the revisions as required by it and the replat of the subdivision as provided in ORS 92.180 to 92.190.

Question 59

92.234 Revision, vacation of undeveloped subdivisions; vacation proceedings; effect of initiation by affected landowner.

3

Answer 59

(3) If the agency or body determines that it is necessary to vacate a subdivision, the agency or body shall adopt an ordinance vacating the subdivision and providing for the vacation of lands within the subdivision that have been dedicated for public use. Title to lands within a vacated subdivision shall vest as provided in ORS 271.140 and 368.366. Any owner of lands described in the plat of the vacated subdivision who is aggrieved by the action of the agency or body in vacating the subdivision may appeal such action in the manner provided in ORS 34.010 to 34.100. The ordinance adopted by the agency or body for the vacation of the subdivision and the lands therein dedicated to public use shall be filed with the county recording officer as provided in ORS 271.150.

Question 60

92.234 Revision, vacation of undeveloped subdivisions; vacation proceedings; effect of initiation by affected landowner.

4

Answer 60

4) Nothing in ORS 92.205 to 92.245 shall prevent the owner of any lands within an undeveloped subdivision from seeking vacation of such subdivision under city or county vacation procedures and, if such vacation proceedings are commenced after the date of the notice of review of the subdivision by the agency or body, the review proceeding shall be suspended during such vacation proceedings. If the subdivision is vacated at the initiation of an owner, the review proceedings under ORS 92.205 to 92.245 shall be discontinued; but, if the subdivision is not vacated at the request of an owner, the review proceedings under ORS 92.205 to 92.245 shall be resumed at the termination of the proceedings brought by an owner of lands in the subdivision.

Question 61

92.245 Fees for review proceedings resulting in modification or vacation.

MISCELLANEOUS PROVISIONS

Answer 61

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.

92.285 Retroactive ordinances prohibited. 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.

Question 62

92. 305 Definitions for ORS 92.305 to 92.495. As used in ORS 92.305 to 92.495:
    (1) “Blanket encumbrance”

Answer 62

**basically a blanket lein on the project

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 subdivider, series partitioner or developer holds such subdivision or series partition under an option, contract to sell or trust agreement.

Question 63

92. 305 Definitions for ORS 92.305 to 92.495. As used in ORS 92.305 to 92.495:
    (2) “Commissioner”

Answer 63

means the Real Estate Commissioner.

Question 64

92. 305 Definitions for ORS 92.305 to 92.495. As used in ORS 92.305 to 92.495:
    (3) Except as otherwise provided in ORS 92.325 (2), “developer”

Answer 64

means a person who purchases a lot, parcel or interest in a subdivision or series partition that does not have a single family residential dwelling or duplex thereon to construct a single family residential dwelling or duplex on the lot, parcel or interest and to resell the lot, parcel or interest and the dwelling or duplex for eventual residential use purposes. “Developer” also includes a person who purchases a lot, parcel or other interest in a subdivision or series partition that does not have a single family residential dwelling or duplex thereon for resale to another person. “Developer” does not mean a “developer” as that term is defined in ORS 100.005.

Question 65

92. 305 Definitions for ORS 92.305 to 92.495. As used in ORS 92.305 to 92.495:
    (4) “Interest”

Answer 65

includes a lot or parcel, and a share, undivided interest or membership which includes the right to occupy the land overnight, and lessee’s interest in land for more than three years or less than three years if the interest may be renewed under the terms of the lease for a total period more than three years. “Interest” does not include any interest in a condominium as that term is defined in ORS 100.005 or any security interest under a land sales contract, trust deed or mortgage. “Interest” does not include divisions of land created by lien foreclosures or foreclosures of recorded contracts for the sale of real property.

Question 66

92. 305 Definitions for ORS 92.305 to 92.495. As used in ORS 92.305 to 92.495:
    (5) “Negotiate”

Answer 66

means any activity preliminary to the execution of a binding agreement for the sale or lease of land in a subdivision or series partition, including but not limited to advertising, solicitation and promotion of the sale or lease of such land.

Question 67

(7) “Person”

Answer 67

includes a natural person, a domestic or foreign corporation, a partnership, an association, a joint stock company, a trust and any unincorporated organization. As used in ORS 92.305 to 92.495 the term “trust” includes a common law or business trust, but does not include a private trust or a trust created or appointed under or by virtue of any last will and testament, or by a court.

Question 68

(8) “Real property sales contract”

Answer 68

means an agreement wherein one party agrees to lease or to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract.

Question 69

(9) “Sale” or “lease”

Answer 69

includes every disposition or transfer of land in a subdivision or a series partition, or an interest or estate therein, by a subdivider or series partitioner or a developer, or their agents, including the offering of such property as a prize or gift when a monetary charge or consideration for whatever purpose is required by the subdivider, series partitioner or developer or their agents.

Question 70

(10) “Series partitioned lands” and “series partition”

Answer 70

mean a series of partitions of land located within this state resulting in the creation of four or more parcels over a period of more than one calendar year.

Question 71

(11) “Series partitioner”

Answer 71

means any person who causes land to be series partitioned into a series partition, or who undertakes to develop a series partition, but does not include a public agency or officer authorized by law to make partitions.

Question 72

(12) “Subdivided lands” and “subdivision”

Answer 72

mean improved or unimproved land or lands divided, or created into interests or sold under an agreement to be subsequently divided or created into interests, for the purpose of sale or lease, whether immediate or future, into 11 or more undivided interests or four or more other interests. “Subdivided lands” and “subdivision” include but are not limited to a subdivision of land located within this state subject to an ordinance adopted under ORS 92.044 and do not include series partitioned lands. “Subdivided lands” and “subdivision” do not mean property submitted to ORS 100.005 to 100.910 or property located outside this state which has been committed to the condominium form of ownership in accordance with the laws of the jurisdiction within which the property is located.

Question 73

(13) “Subdivider”

Answer 73

***Does not include public agencies

means any person who causes land to be subdivided into a subdivision, or who undertakes to develop a subdivision, but does not include a public agency or officer authorized by law to make subdivisions.

Question 74

92.313 Policy; construction; citation.

1

Basically give authority to the states/local governments to make laws around subdivisions

Answer 74

(1) 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.

Question 75

92.313 Policy; construction; citation.

2
Basically give authority to the states/local governments to make laws around subdivisions

Answer 75

(2) The provisions of ORS 92.305 to 92.495 are in addition to, and not in lieu of, the existing provisions of ORS 92.010 to 92.192.

Question 76

92.313 Policy; construction; citation.

3
Basically give authority to the states/local governments to make laws around subdivisions

Answer 76

(3) ORS 92.305 to 92.495 may be cited as the Oregon Subdivision and Series Partition Control Law.

Question 77

92.317 Policy; protection of consumers.

Basically give authority to the states/local governments to make laws around subdivisions in order to protect consumers

Answer 77

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 General protect the rights of such real estate purchasers to the greatest extent practicable through the application of the provisions of ORS 646.605 to 646.652

Question 78

92.325 Application of ORS 92.305 to 92.495.

1

Answer 78

(1) Except as provided in subsection (2) of this section, no person shall 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.

Question 79

92.325 Application of ORS 92.305 to 92.495.

2

Answer 79

(2) With respect to a developer, chapter 643, Oregon Laws 1975, applies only to a developer who acquires a lot, parcel or interest in a subdivision or series partition for which a public report has been issued after September 13, 1975, and a developer who acquires a lot or parcel in a subdivision for which a revised public report has been issued under ORS 92.410.

Question 80

92.325 Application of ORS 92.305 to 92.495.

3

Answer 80

(3) Except as otherwise provided in paragraph (g) of this subsection, ORS 92.305 to 92.495 do not apply to the sale or leasing of:
(a) Apartments or similar space within an apartment building;
(b) Cemetery lots, parcels or units in Oregon;
(c) Subdivided lands and series partitioned lands in Oregon that are not in unit ownership or being developed as unit ownerships created under ORS chapter 100, to be used for residential purposes and that qualify under ORS 92.337;
(d) Property submitted to the provisions of ORS chapter 100;
(e) Subdivided lands and series partitioned lands in Oregon expressly zoned for and limited in use to nonresidential industrial or nonresidential commercial purposes;
(f) Lands in this state sold by lots or parcels of not less than 160 acres each;
(g) Timeshares regulated or otherwise exempt under ORS 94.803 and 94.807 to 94.945;
(h) Subdivided and series partitioned lands in a city or county which, at the time tentative approval of a subdivision plat and each partition map for those lands is given under ORS 92.040 or an ordinance adopted under ORS 92.046, has a comprehensive plan and implementing ordinances that have been acknowledged under ORS 197.251. The subdivider or series partitioner of such lands shall comply with ORS 92.425, 92.427, 92.430, 92.433, 92.460 and 92.485 in the sale or leasing of such lands; or
(i) Mobile home or manufactured dwelling parks, as defined in ORS 446.003, located in Oregon.

Question 81

92. 337 Exemption procedures; withdrawal of exemption; filing fee.
    * ***this is basically for the commissioner to protect buyers and snure they are being sold what they are told. Don’t completely get this.

Answer 81

(1) 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:
(a) The subdivision or series partition is recorded pursuant to ORS 92.010 to 92.192;
(b) Each lot or parcel is situated on a surfaced roadway which, together with means for operation and maintenance, meets the standards of the governing body of the local jurisdiction and is either a concrete or asphalt surface road which has right of way and improvements, including curbs and necessary and adequate drainage structures, or a road which meets alternative standards of the governing body of the local jurisdiction;
(c) The subdivision or series partition, where necessary, has drainage structures and fill designed to prevent flooding and approved by the appropriate governing body;
(d) Energy sources and telephone services for normal domestic use are economically available to the subdivision or series partition and are ready for hookup for each lot or parcel at time of sale or lease;
(e) Water is available for each lot or parcel at the time of sale or lease of each lot or parcel in quantity and quality for domestic use as determined by the Oregon Health Authority;
(f) A municipally owned disposal system, an individual or collective subsurface sewage disposal system to serve the lot or parcel, or a privately owned sewage disposal system is available for each lot or parcel at the time of sale or lease of each lot or parcel which meets the requirements of the Environmental Quality Commission;
(g) A surety bond, or bonds, or other security or agreements to complete the improvements is provided by the subdivider or series partitioner to the city or county having jurisdiction so that all of the subdivision or series partition improvements committed by the subdivider or series partitioner to the city or county will be completed; and
(h) Provisions, satisfactory to the commissioner, have been made for satisfaction of all liens and encumbrances existing against the subdivision or series partition which secure or evidence the payment of money.

Question 82

92.337 Exemption procedures; withdrawal of exemption; filing fee.

2

Answer 82

(2) A subdivision or series partition granted exemption under this section shall be exempt from the provisions of ORS 92.305 to 92.495 and 92.820 except ORS 92.375, 92.385, 92.425, 92.427, 92.430, 92.433, 92.455, 92.460, 92.465, 92.475, 92.485, 92.490 and 92.495.

Question 83

92.337 Exemption procedures; withdrawal of exemption; filing fee.

3

Answer 83

(3) The commissioner may withdraw the exemption provided by this section if the commissioner determines that the subdivider or series partitioner has provided false information or omitted to state material facts to obtain the exemption or has failed to comply with any provision to which the subdivider or series partitioner is subject under subsections (1) and (2) of this section.

Question 84

92.337 Exemption procedures; withdrawal of exemption; filing fee.

4

Answer 84

(4) In the event that any provision under subsection (1) of this section is not or cannot be satisfied and without invoking the power granted under subsection (3) of this section, the commissioner and the subdivider or series partitioner may mutually agree in writing upon a written disclosure of the condition that shall be provided to any prospective purchaser prior to the sale or lease of any interest in the subdivision or series partition to carry out the public policy stated in ORS 92.313.

Question 85

92.337 Exemption procedures; withdrawal of exemption; filing fee.

5

Answer 85

(5) The form required by subsection (1) of this section shall be accompanied by a filing fee of $100 plus $10 for each lot, parcel or interest in the subdivision or series partition, with a maximum fee of $500.

Question 86

92.337 Exemption procedures; withdrawal of exemption; filing fee.

6

Answer 86

6) For purposes of verification by the subdivider or series partitioner under subsection (1)(b), (c) and (g) of this section, a copy of the conditions imposed by the appropriate governing body will be sufficient.

Question 87

92.339 Use of fees.

Answer 87

TESTUnique to oregon that fees go into the general fund not to a specific real estate account

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.

Question 88

92.345 Notice of intention; fee.

1

***All of this is so the sommissioner can put together a report of the subdivision that can then be handed over to interested buyers.

Answer 88

***All of this is so the sommissioner can put together a report of the subdivision that can then be handed over to interested buyers.

(1) 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 Commissioner in writing of the intention to sell or lease. A notice of intention shall contain true information as follows:
(a) The name and the business and residence address of the subdivider or series partitioner;
(b) The names and the business addresses of all licensees of the commissioner and of all other persons selling or leasing, within this state, interests in the subdivision or series partition;
(c) With respect to subdivided or series partitioned lands located in this state:
(i) For subdivided land or a subdivision as those terms are defined by ORS 92.010, a certified copy of the plat filed for record under ORS 92.120 and a copy of any conditions imposed by the city or county governing body;
(ii) For a partition as that term is defined by ORS 92.010, a certified copy of the plat filed for record under ORS 92.120 and a copy of any conditions imposed by the city or county governing body; and
(iii) For all other land subject to ORS 92.305 to 92.495, a survey, diagram, drawing or other writing designating and describing, including location and boundaries when applicable, the interests to be sold and a statement from the city or county governing body that the proposal as depicted on the survey, diagram, drawing or other writing has received all necessary local approvals or that no local approval is required;
(d) With respect to subdivided lands located outside this state:
(i) A copy of the plat, map, survey, diagram, drawing or other writing designating and describing, including location and boundaries when applicable, the interests to be sold, in the final recorded form required by the governing body having jurisdiction over the property; and
(ii) A written statement from the appropriate governing body that the plat, map, survey, diagram, drawing or other writing is in compliance with all applicable laws, ordinances and regulations;
(e) A brief but comprehensive statement describing the land on and the locality in which the subdivision or series partition is located;
(f) A statement of the condition of the title to the land;
(g) A statement of the provisions, if any, that have been made for legal access, sewage disposal and public utilities in the proposed subdivision or series partition, including water, electricity, gas and telephone facilities;
(h) A statement of the use or uses for which the proposed subdivision or series partition will be offered; and
(i) A statement of the provisions, if any, limiting the use or occupancy of the interests in the subdivision or series partition.

Question 89

92.345 Notice of intention; fee.

2

Answer 89

(2) The notice of intention shall be accompanied by a filing fee as follows:
(a) For subdivisions or series partitions containing 10 or fewer lots, parcels or interests, $100.
(b) For subdivisions or series partitions containing over 10 lots, parcels or interests, $100, and $25 for each additional lot, parcel or interest, but in no case shall the fee be more than $2,500.

Question 90

92.345 Notice of intention; fee.

3

Answer 90

(3) For lands located outside this state, the notice of intention shall include only the area shown by the plat, survey, diagram, drawing or other writing required under subsection (1)(d) of this section. The subdivision of any contiguous lands located outside this state shall be treated as a separate subdivision for which an additional complete filing must be made, even though the plat, map, survey, diagram, drawing or other writing of the contiguous lands is recorded simultaneously as part of an overall development.

Question 91

92.355 Commissioner may request further information; content.

1

Answer 91

(1) 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) A statement of the terms and conditions on which it is intended to transfer or dispose of the land or interest therein, together with copies of any contract, conveyance, lease, assignment or other instrument intended to be used;
(b) Copies of all sales pamphlets and literature to be used in connection with the proposed subdivision or series partition; and
(c) Any other information that the subdivider or series partitioner may desire to present.

Question 92

92.355 Commissioner may request further information; content.

2

Answer 92

(2) The subdivider’s or series partitioner’s reply to the first request for further information required by the commissioner under subsection (1) of this section shall be accompanied by proof of the financial ability of the subdivider or series partitioner to complete improvements and facilities which are:
(a) Required by the appropriate state, city and county authorities; and
(b) Promised to prospective purchasers.

Question 93

92.365 Filing information to be kept current; fee for notice of material change.

1

**MATERIAL meaning something of importance

Answer 93

(1) 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.

Question 94

92.365 Filing information to be kept current; fee for notice of material change.

2

Answer 94

(2) A subdivider or series partitioner shall be responsible for the accuracy of and for providing all information required by ORS 92.345, 92.355 and this section for as long as the subdivider or series partitioner retains any unsold lot, parcel or interest in the subdivision or series partition to which the information pertains.

Question 95

92.365 Filing information to be kept current; fee for notice of material change.

3

Answer 95

(3) A developer who acquires a lot, parcel or interest in a subdivision or series partition shall be responsible for as long as the developer retains any unsold lot, parcel or interest in the subdivision or series partition for all material changes in the information contained in the public report which the developer receives on acquisition of the property:
(a) Which the developer causes by action of the developer; and
(b) Concerning the zoning, sewage disposal and water supply which substantially affect the intended use of the property as stated in the public report.

Question 96

92.365 Filing information to be kept current; fee for notice of material change.

4

Answer 96

(4) A developer shall accurately report to the commissioner a material change specified in subsection (3) of this section within 10 days after the change occurs. However, a developer who acquires less than 11 lots, parcels or interests in a subdivision or series partition during a six consecutive month period shall only be responsible for a material change specified in subsection (3)(b) of this section and may revise a public report to reflect such material change without reporting the material change to the commissioner.

Question 97

92.365 Filing information to be kept current; fee for notice of material change.

5

Answer 97

(5) The commissioner shall require a fee sufficient to recover any administrative expenses after receipt of a material change notice if, because of the changes, a public report must be issued or revised by the commissioner. The fee is subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.

Question 98

92.375 Consent to service of process on commissioner.

1

Answer 98

(1) 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 interests in a subdivision or series partition, shall also file with the Real Estate Commissioner an irrevocable consent that if, in any suit or action commenced against the developer, subdivider or series partitioner in this state arising out of a violation of ORS 92.305 to 92.495, personal service of summons or process upon the developer, subdivider or series partitioner cannot be made in this state after the exercise of due diligence, a valid service may thereupon be made upon the developer, subdivider or series partitioner by service on the commissioner.

Question 99

92.375 Consent to service of process on commissioner.

2

Answer 99

(2) The consent shall be in writing executed and verified by an officer of a corporation or association, a general partner of a partnership or by an individual subdivider, series partitioner or developer and shall set forth:
(a) The name of the subdivider, series partitioner or developer.
(b) The address to which documents served upon the commissioner are to be forwarded.
(c) If the subdivider, series partitioner or developer is a corporation or unincorporated association, that the consent signed by such officer was authorized by resolution duly adopted by the board of directors.

Question 100

92.375 Consent to service of process on commissioner.

3

Answer 100

(3) The address for forwarding documents served under this section may be changed by filing a new consent in the form prescribed in subsection (2) of this section.

Question 101

92.375 Consent to service of process on commissioner.

4

Answer 101

(4) Service on the commissioner of any such process shall be made by delivery to the commissioner or a clerk on duty in any office of the commissioner, duplicate copies of such process, with duplicate copies of any papers required by law to be delivered in connection with such service.

Question 102

92.375 Consent to service of process on commissioner.

5

Answer 102

(5) When served with any such process, the commissioner shall immediately cause one of the copies thereof, with any accompanying papers, to be forwarded by registered mail or by certified mail with return receipt to the subdivider, series partitioner or developer at the address set forth in the consent.

Question 103

92.375 Consent to service of process on commissioner.

6

Answer 103

(6) The commissioner shall keep a record of all processes, notices and demands served upon the commissioner under this section, and shall record therein the time of such service and action with reference thereto.