(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 to 93.530 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 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.
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.