(1) "Declarant" means the person who files a declaration under ORS 92.075.
(2) "Declaration" means the instrument described in ORS 92.075 by which the subdivision or partition plat was created.
(3)(a) "Lawfully established unit of land" means:
(A) A lot or parcel created pursuant to ORS 92.010 to 92.192; or
(B) Another unit of land created:
(i) In compliance with all applicable planning, zoning and subdivision or partition ordinances and regulations; or
(ii) By deed or land sales contract, if there were no applicable planning, zoning or subdivision or partition ordinances or regulations.
(b) "Lawfully established unit of land" does not mean a unit of land created solely to establish a separate tax account.
(4) "Lot" means a single unit of land that is created by a subdivision of land.
(5) "Negotiate" means any activity preliminary to the execution of a binding agreement for the sale of land in a subdivision or partition, including but not limited to advertising, solicitation and promotion of the sale of such land.
(6) "Parcel" means a single unit of land that is created by a partition of land.
(7) "Partition" means either an act of partitioning land or an area or tract of land partitioned.
(8) "Partition plat" includes a final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a partition.
(9) "Partitioning land" means dividing land to create not more than three parcels of land within a calendar year, but does not include:
(a) Dividing land as a result of a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots;
(b) Adjusting a property line as property line adjustment is defined in this section;
(c) Dividing land as a result of the recording of a subdivision or condominium plat;
(d) Selling or granting by a person to a public agency or public body of property for state highway, county road, city street or other right of way purposes if the road or right of way complies with the applicable comprehensive plan and ORS 215.213 (2)(p) to (r) and 215.283 (2)(q) to (s). However, any property sold or granted for state highway, county road, city street or other right of way purposes shall continue to be considered a single unit of land until the property is further subdivided or partitioned; or
(e) Selling or granting by a public agency or public body of excess property resulting from the acquisition of land by the state, a political subdivision or special district for highways, county roads, city streets or other right of way purposes when the sale or grant is part of a property line adjustment incorporating the excess right of way into adjacent property. The property line adjustment shall be approved or disapproved by the applicable local government. If the property line adjustment is approved, it shall be recorded in the deed records of the county where the property is located.
(10) "Plat" includes a final subdivision plat, replat or partition plat.
(11) "Property line" means the division line between two units of land.
(12) "Property line adjustment" means a relocation or elimination of all or a portion of the common property line between abutting properties that does not create an additional lot or parcel.
(13) "Replat" means the act of platting the lots, parcels and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision.
(14) "Road" or "street" means a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes.
(15) "Sale" or "sell" includes every disposition or transfer of land or an interest or estate therein.
(16) "Subdivide land" means to divide land to create four or more lots within a calendar year.
(17) "Subdivision" means either an act of subdividing land or an area or a tract of land subdivided.
(18) "Subdivision plat" includes a final map and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.
(19) "Utility easement" means an easement noted on a subdivision plat or partition plat for the purpose of installing or maintaining public or private utility infrastructure for the provision of water, power, heat or telecommunications to the public. [Amended by 1955 c.756 §1; 1973 c.696 §3; 1977 c.809 §4; 1979 c.46 §1; 1985 c.369 §5; 1985 c.717 §1; 1989 c.772 §1; 1991 c.763 §1; 1993 c.702 §1; 1993 c.704 §4; 1995 c.382 §3; 1997 c.268 §1; 2001 c.544 §3; 2005 c.399 §1; 2007 c.652 §1; 2007 c.866 §4; 2008 c.12 §3]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 092 - Subdivisions and Partitions
Section 92.010 - Definitions for ORS 92.010 to 92.192.
Section 92.014 - Approval of city or county required for specified divisions of land.
Section 92.016 - Sale or negotiation to sell lot or parcel prior to approval of tentative plan.
Section 92.017 - Lawfully created units of land; judgments relocating property lines.
Section 92.018 - Buyer’s remedies for purchase of improperly created unit of land.
Section 92.025 - Prohibition of sale of lot or parcel prior to recordation of plat; waiver.
Section 92.027 - Deed reference to creation of unit of land.
Section 92.031 - Middle housing land division; conditions of approval.
Section 92.042 - Governing body having jurisdiction to approve plans, maps or plats.
Section 92.048 - Procedure for adoption of regulations under ORS 92.044 and 92.046.
Section 92.050 - Requirements of survey and plat of subdivision and partition.
Section 92.055 - Requirements for unsurveyed and unmonumented parcels on plats.
Section 92.075 - Declaration required to subdivide or partition property; contents.
Section 92.103 - Notice to district of tentative plan.
Section 92.104 - District to report boundary locations.
Section 92.120 - Recording plats; filing copies; preservation of records.
Section 92.140 - Indexing of plats.
Section 92.170 - Amending recorded plat; affidavit of correction; fees.
Section 92.175 - Methods by which certain land may be provided for public purposes.
Section 92.176 - Validation of unit of land not lawfully established.
Section 92.177 - Creation of parcel by less than all owners of lawfully established unit of land.
Section 92.178 - Creation of parcel previously approved but not acted upon.
Section 92.179 - Liability for costs of relocating utility facilities.
Section 92.180 - Authority to review replats.
Section 92.190 - Effect of replat; operation of other statutes; use of alternate procedures.
Section 92.192 - Property line adjustment; zoning ordinances; size of unit of land.
Section 92.215 - Review authorized; manner.
Section 92.225 - Review of undeveloped or developed subdivision plat lands.
Section 92.305 - Definitions for ORS 92.305 to 92.495.
Section 92.313 - Policy; construction; citation.
Section 92.325 - Application of ORS 92.305 to 92.495.
Section 92.337 - Exemption procedures; withdrawal of exemption; filing fee.
Section 92.345 - Notice of intention; fee.
Section 92.355 - Commissioner may request further information; content.
Section 92.365 - Filing information to be kept current; fee for notice of material change.
Section 92.375 - Consent to service of process on commissioner.
Section 92.377 - Written notice to land division applicant.
Section 92.385 - Examination; public report; waiver of examination in other state.
Section 92.425 - Conditions prerequisite to sale.
Section 92.430 - Notice to purchaser of cancellation rights; form.
Section 92.433 - Escrow documents required of successor to vendor’s interest.
Section 92.460 - Blanket encumbrance permitted only in certain circumstances.
Section 92.465 - Fraud and deceit prohibited.
Section 92.490 - Civil penalty.
Section 92.495 - Cease and desist order; injunction.
Section 92.830 - Definitions for ORS 92.830 to 92.845.
Section 92.839 - Notice to tenants of conversion and tenants’ rights during conversion.
Section 92.843 - Approval of declaration or amendment to declaration made pursuant to ORS 92.845.