Chapter 866
AN ACT
HB 2723
Relating to post-transfer division of land; creating new provisions;
and amending 92.010, 92.018, 92.060, 92.177, 92.190, 92.345, 93.040 and
105.464.
Be It Enacted by the People of
the State of
SECTION 1. Sections
2 and 3 of this 2007 Act are added to and made a part of ORS 92.010 to 92.190.
SECTION 2. (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.
(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).
(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.
(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.
(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.
(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.
(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).
SECTION 3. 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 the effective date of this 2007 Act must include in the deed or other
instrument conveying or contracting to convey fee title:
(1) A reference to the
recorded subdivision plat or partition plat for the lot or parcel;
(2) A reference to or
exhibit of the final land use decision that approved the subdivision or
partition if a subdivision plat or partition plat is not required by law; or
(3) A reference to or
exhibit of a final judgment or other document that evidences a lien foreclosure
or a foreclosure of a recorded contract for the sale of the real property.
SECTION 4.
ORS 92.010 is amended to read:
92.010. As used in ORS
92.010 to 92.190, unless the context requires otherwise:
(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 92.190; 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.
[(3)] (4) “
[(4)] (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.
[(5)] (6) “Parcel” means a single unit of land that is
created by a partition of land.
[(6)] (7) “Partition” means either an act of partitioning
land or an area or tract of land partitioned.
[(7)] (8) “Partition land” means to divide land to create two
or three parcels of land within a calendar year, but does not include:
(a) A division of land
resulting from a lien foreclosure, foreclosure of a recorded contract for the
sale of real property or the creation of cemetery lots;
(b) An adjustment of a
property line by the relocation of a common boundary where an additional unit
of land is not created and where the existing unit of land reduced in size by
the adjustment complies with any applicable zoning ordinance;
(c) The division of land
resulting from the recording of a subdivision or condominium plat;
(d) A sale or grant by a
person to a public agency or public body for state highway, county road, city
street or other right of way purposes provided that such 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 divided by the sale or grant of
property for state highway, county road, city street or other right of way
purposes shall continue to be considered a single unit of land until such time
as the property is further subdivided or partitioned; or
(e) A sale or grant 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.
[(8)] (9) “Partition plat” includes a final map and other
writing containing all the descriptions, locations, specifications, provisions
and information concerning a partition.
[(9)] (10) “Plat” includes a final subdivision plat, replat
or partition plat.
[(10)] (11) “Property line” means the division line between
two units of land.
[(11)] (12) “Property line adjustment” means the relocation
or elimination of a common property line between abutting properties.
[(12)] (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.
[(13)] (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.
[(14)] (15) “
[(15)] (16) “Subdivide land” means to divide land to create
four or more lots within a calendar year.
[(16)] (17) “Subdivision” means either an act of subdividing
land or an area or a tract of land subdivided.
[(17)] (18) “Subdivision plat” includes a final map and other
writing containing all the descriptions, locations, specifications,
dedications, provisions and information concerning a subdivision.
[(18)] (19) “Utility easement” means an easement noted on a
subdivision plat or partition plat for the purpose of installing or maintaining
public utility infrastructure for the provision of water, power, heat or
telecommunications to the public.
SECTION 5.
ORS 92.018 is amended to read:
92.018. (1) If a
person [who buys a lot or parcel that was
created without approval of the appropriate city or county authority] 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 [may] shall award reasonable attorney fees to the prevailing
party in an action under this section.
(2) If the seller of [the lot or parcel] a unit of land
that was not lawfully established is a county that involuntarily acquired
the [lot or parcel] unit of land
by means of foreclosure under ORS chapter 312 of delinquent tax liens, the
person who purchases the [lot or parcel]
unit of land is not entitled to damages or equitable relief.
SECTION 6.
ORS 92.177 is amended to read:
92.177. [Where application is made to the governing
body of a city or county for approval of the creation of lots or parcels which
were improperly formed without the approval of the governing body,] When
a unit of land was sold before January 1, 2007, but was not a lawfully established
unit of land, the governing body of [a]
the city or county or its [designate]
designee shall consider and may approve an application for the creation
of [lots or parcels] a parcel
pursuant to section 2 of this 2007 Act, notwithstanding that less than all
of the owners of the existing [legal lot
or parcel] lawfully established unit of land have applied for the
approval.
SECTION 7.
ORS 93.040 is amended to read:
93.040. (1) The
following statement shall be included in the body of an instrument transferring
or contracting to transfer fee title to real property except for owner’s sale
agreements or earnest money receipts, or both, as provided in subsection (2) of
this section: ”BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY, UNDER
ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO
THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY :BF9.THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE
APPROVED USES :BF9.OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS
AGAINST FARMING OR FOREST PRACTICES:BF9., AS DEFINED IN ORS 30.930:BF9., AND TO
INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS
197.352.”
(2) In all owner’s sale
agreements and earnest money receipts, there shall be included in the body of
the instrument the following statement: ”THE PROPERTY DESCRIBED IN THIS
INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES.
THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR
FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT
LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES:BF9., AS DEFINED IN ORS
30.930:BF9., IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY,
UNDER ORS 197.352. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR
COUNTY PLANNING DEPARTMENT :BF9.TO VERIFY THAT THE UNIT OF LAND BEING
TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010
OR 215.010, TO VERIFY :BF9.THE APPROVED USES :BF9.OF THE LOT OR PARCEL, :BF9.TO
VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND :BF9.TO INQUIRE
ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352.”
(3) In all owners’ sale
agreements and earnest money receipts subject to ORS 358.505, there shall be
included in the body of the instrument or by addendum the following statement: ”THE
PROPERTY DESCRIBED IN THIS INSTRUMENT IS SUBJECT TO SPECIAL ASSESSMENT UNDER
ORS 358.505. ORS 358.515 REQUIRES NOTIFICATION TO THE STATE HISTORIC
PRESERVATION OFFICER OF
(4) An action may not be
maintained against the county recording officer for recording an instrument
that does not contain the statement required in subsection (1) or (2) of this
section.
(5) An action may not be
maintained against any person for failure to include in the instrument the
statement required in subsection (1) or (2) of this section, or for recording
an instrument that does not contain the statement required in subsection (1) or
(2) of this section, unless the person acquiring or agreeing to acquire fee
title to the real property would not have executed or accepted the instrument
but for the absence in the instrument of the statement required by subsection
(1) or (2) of this section. An action may not be maintained by the person
acquiring or agreeing to acquire fee title to the real property against any
person other than the person transferring or contracting to transfer fee title
to the real property.
SECTION 8.
ORS 105.464 is amended to read:
105.464. A seller’s
property disclosure statement must be in substantially the following form:
______________________________________________________________________________
If required under ORS 105.465, a seller shall deliver in substantially
the following form the seller’s property disclosure statement to each buyer who
makes a written offer to purchase real property in this state:
______________________________________________________________________________
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank.
Please refer to the line number(s) of the question(s) when you provide your
explanation(s). If you are not claiming an exclusion or refusing to provide the
form under ORS 105.475 (4), you should date and sign each page of this disclosure
statement and each attachment.
Each seller of residential property described in ORS 105.465 must
deliver this form to each buyer who makes a written offer to purchase. Under
ORS 105.475 (4), refusal to provide this form gives the buyer the right to revoke
their offer at any time prior to closing the transaction. Use only the
section(s) of the form that apply to the transaction for which the form is
used. If you are claiming an exclusion under ORS 105.470, fill out only Section
1.
An exclusion may be claimed only if the seller qualifies for the
exclusion under the law. If not excluded, the seller must disclose the
condition of the property or the buyer may revoke their offer to purchase
anytime prior to closing the transaction. Questions regarding the legal
consequences of the seller’s choice should be directed to a qualified attorney.
______________________________________________________________________________
(DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN
EXCLUSION UNDER ORS 105.470)
Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:
You may claim an exclusion under ORS 105.470 only if you qualify under
the statute. If you are not claiming an exclusion, you must fill out Section 2
of this form completely.
Initial only the exclusion you wish to claim.
____ This is the first sale of a dwelling never occupied. The dwelling
is constructed or installed under building or installation permit(s) #____,
issued by ________.
____ This sale is by a financial institution that acquired the property
as custodian, agent or trustee, or by foreclosure or deed in lieu of
foreclosure.
____ The seller is a court appointed receiver, personal representative,
trustee, conservator or guardian.
____ This sale or transfer is by a governmental agency.
___________________
Signature(s) of Seller claiming exclusion
Date ________
___________________
Buyer(s) to acknowledge Seller’s claim
Date ________
______________________________________________________________________________
(IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL OUT THIS
SECTION.)
Section 2. SELLER’S PROPERTY DISCLOSURE STATEMENT
(NOT A WARRANTY)
(ORS 105.464)
NOTICE TO THE BUYER: THE FOLLOWING REPRESENTATIONS ARE MADE BY THE
SELLER(S) CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT ______________
(“THE PROPERTY”).
DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE
BASIS OF SELLER’S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE.
BUYER HAS FIVE DAYS FROM THE SELLER’S DELIVERY OF THIS SELLER’S DISCLOSURE
STATEMENT TO REVOKE BUYER’S OFFER BY DELIVERING BUYER’S SEPARATE SIGNED WRITTEN
STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER’S DISCLOSURE
STATEMENT, UNLESS BUYER WAIVES THIS RIGHT AT OR PRIOR TO ENTERING INTO A
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS
PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED
SPECIALIST TO INSPECT THE PROPERTY ON BUYER’S BEHALF INCLUDING, FOR EXAMPLE,
ONE OR MORE OF THE FOLLOWING: ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS,
ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CERTIFIED HOME
INSPECTORS, OR PEST AND DRY ROT INSPECTORS.
Seller ____ is/ ____ is not occupying the property.
I. SELLER’S REPRESENTATIONS:
The following are representations made by the seller and are not the
representations of any financial institution that may have made or may make a
loan pertaining to the property, or that may have or take a security interest
in the property, or any real estate licensee engaged by the seller or the
buyer.
*If you mark yes on items with *, attach a copy or explain on an
attached sheet.
1. TITLE
A. Do you have legal authority to sell the property? [ ] Yes [
] No [ ] Unknown
*B. Is title to the property subject to any of the
following: [
] Yes [ ] No [ ] Unknown
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Other listing
(5) Life estate?
*C. Is the property being transferred an
unlawfully
established unit of land? [
] Yes [ ] No [ ] Unknown
[*C.] *D. Are there any
encroachments, boundary
agreements,
boundary disputes or recent
boundary changes? [
] Yes [ ] No [ ] Unknown
[*D.] *E. Are there any
rights of way, easements,
licenses, access
limitations or claims that
may affect your interest
in the property? [ ] Yes [ ] No [
] Unknown
[*E.] *F. Are there any
agreements for joint
maintenance of an
easement or right of way? [ ] Yes [ ] No [
] Unknown
[*F.] *G. Are there any
governmental studies, designations,
zoning overlays,
surveys or notices that would
affect the
property? [
] Yes [ ] No [ ] Unknown
[*G.] *H. Are there any
pending or existing governmental
assessments against
the property? [
] Yes [ ] No [ ] Unknown
[*H.] *I. Are there any
zoning violations or
nonconforming uses? [
] Yes [ ] No [ ] Unknown
[*I.] *J. Is there a
boundary survey for the
property? [
] Yes [ ] No [ ] Unknown
[*J.] *K. Are there any
covenants, conditions,
restrictions or
private assessments that
affect the
property? [
] Yes [ ] No [ ] Unknown
[*K.] *L. Is the
property subject to any special tax
assessment or tax
treatment that may result
in levy of
additional taxes if the property
is sold? [
] Yes [ ] No [ ] Unknown
2. WATER
A. Household water
(1) The source of the water is (check ALL that apply):
[ ] Public [ ] Community
[ ] Private
[ ] Other ________
(2) Water source information:
*a. Does the water source require a water permit? [ ] Yes [
] No [ ] Unknown
If yes, do you have
a permit? [
] Yes [ ] No
b. Is the water source located on the property? [ ] Yes [ ] No [ ] Unknown
*If not, are there
any written agreements for
a shared water
source? [
] Yes [ ] No [ ] Unknown [ ] NA
*c. Is there an easement (recorded or unrecorded)
for your access to
or maintenance of the water
source? [
] Yes [ ] No [ ] Unknown
d. If the source of water is from a well or spring,
have you had any of
the following in the past
12 months? [ ] Flow
test [ ] Bacteria test
[ ] Chemical
contents test [
] Yes [ ] No [ ] Unknown [ ] NA
*e. Are there any water source plumbing problems
or needed repairs? [
] Yes [ ] No [ ] Unknown
(3) Are there any water treatment systems for
the property? [
] Yes [ ] No [ ] Unknown
[ ] Leased [ ] Owned
B. Irrigation
(1) Are there any [ ] water rights or [ ] other
irrigation rights
for the property? [
] Yes [ ] No [ ] Unknown
*(2) If any exist, has the irrigation water been
used during the
last five-year period? [
] Yes [ ] No [ ] Unknown [ ] NA
*(3) Is there a water rights certificate or other
written evidence
available? [
] Yes [ ] No [ ] Unknown [ ] NA
C. Outdoor sprinkler system
(1) Is there an outdoor sprinkler system for the
property? [
] Yes [ ] No [ ] Unknown
(2) Has a back flow valve been installed? [ ] Yes [
] No [ ] Unknown [ ] NA
(3) Is the outdoor sprinkler system operable? [ ] Yes [ ] No [ ] Unknown [ ] NA
3. SEWAGE SYSTEM
A. Is the property connected to a public or
community sewage
system? [
] Yes [ ] No [ ] Unknown
B. Are there any new public or community sewage
systems proposed
for the property? [
] Yes [ ] No [ ] Unknown
C. Is the property connected to an on-site septic
system? [
] Yes [ ] No [ ] Unknown
If yes, was it
installed by permit? [
] Yes [ ] No [ ] Unknown [ ] NA
*Has the system
been repaired or altered? [ ]
Yes [ ] No [ ] Unknown
Has the condition
of the system been
evaluated and a
report issued? [
] Yes [ ] No [ ] Unknown
Has it ever been
pumped? [
] Yes [ ] No [ ] Unknown [ ] NA
If yes, when? ______________
*D. Are there any sewage system problems or
needed repairs? [
] Yes [ ] No [ ] Unknown
E. Does your sewage system require on-site
pumping to another
level? [
] Yes [ ] No [ ] Unknown
4. DWELLING INSULATION
A. Is there insulation in the:
(1) Ceiling? [
] Yes [ ] No [ ] Unknown
(2) Exterior walls? [
] Yes [ ] No [ ] Unknown
(3) Floors? [
] Yes [ ] No [ ] Unknown
B. Are there any defective insulated doors or
windows? [
] Yes [ ] No [ ] Unknown
5. DWELLING STRUCTURE
*A. Has the roof leaked? [
] Yes [ ] No [ ] Unknown
If yes, has it been
repaired? [
] Yes [ ] No [ ] Unknown [ ] NA
B. Are there any additions, conversions or
remodeling? [
] Yes [ ] No [ ] Unknown
If yes, was a
building permit required? [
] Yes [ ] No [ ] Unknown [ ] NA
If yes, was a
building permit obtained? [
] Yes [ ] No [ ] Unknown [ ] NA
If yes, was final
inspection obtained? [
] Yes [ ] No [ ] Unknown [ ] NA
C. Are there smoke alarms or detectors? [ ] Yes [
] No [ ] Unknown
D. Is there a woodstove included in the sale? [ ] Yes [ ] No [ ] Unknown
Make ______________
*E. Has pest and dry rot, structural or
“whole house”
inspection been done
within the last
three years? [
] Yes [ ] No [ ] Unknown
*F. Are there any moisture problems, areas of
water penetration,
mildew odors or other
moisture conditions
(especially in the
basement)? [
] Yes [ ] No [ ] Unknown
*If yes, explain on
attached sheet the frequency and
extent of problem
and any insurance claims,
repairs or
remediation done.
G. Is there a sump pump on the property? [ ] Yes [
] No [ ] Unknown
H. Are there any materials used in the
construction of the
structure that are or
have been the
subject of a recall, class
action suit,
settlement or litigation? [
] Yes [ ] No [ ] Unknown
If yes, what are
the materials? ________
(1) Are there problems with the materials? [ ] Yes [
] No [ ] Unknown [ ] NA
(2) Are the materials covered by a warranty? [ ] Yes [ ]
No [ ] Unknown [ ] NA
(3) Have the materials been inspected? [ ] Yes [
] No [ ] Unknown [ ] NA
(4) Have there ever been claims filed for these
materials by you or
by previous owners? [ ] Yes [ ] No [
] Unknown [ ] NA
If yes, when? ________
(5) Was money received? [
] Yes [ ] No [ ] Unknown [ ] NA
(6) Were any of the materials repaired or
replaced? [
] Yes [ ] No [ ] Unknown [ ] NA
6. DWELLING SYSTEMS AND FIXTURES
If the following
systems or fixtures are included
in the purchase
price, are they in good working
order on the date
this form is signed?
A. Electrical system, including wiring, switches,
outlets and service [
] Yes [ ] No [ ] Unknown
B. Plumbing system, including pipes, faucets,
fixtures and
toilets [
] Yes [ ] No [ ] Unknown
C. Water heater tank [
] Yes [ ] No [ ] Unknown
D. Garbage disposal [
] Yes [ ] No [ ] Unknown [ ] NA
E. Built-in range and oven [
] Yes [ ] No [ ] Unknown [ ] NA
F. Built-in dishwasher [
] Yes [ ] No [ ] Unknown [ ] NA
G. Sump pump [
] Yes [ ] No [ ] Unknown [ ] NA
H. Heating and cooling systems [
] Yes [ ] No [ ] Unknown [ ] NA
I. Security system [ ] Owned [ ] Leased [ ] Yes [
] No [ ] Unknown [ ] NA
J. Are there any materials or products used in
the systems and
fixtures that are or have
been the subject of
a recall, class action
settlement or other
litigations? [
] Yes [ ] No [ ] Unknown
If yes, what
product? ______________
(1) Are there problems with the product? [ ] Yes [
] No [ ] Unknown
(2) Is the product covered by a warranty? [ ] Yes [
] No [ ] Unknown
(3) Has the product been inspected? [
] Yes [ ] No [ ] Unknown
(4) Have claims been filed for this product
by you or by previous owners? [
] Yes [ ] No [ ] Unknown
If yes, when? ______________
(5) Was money received? [
] Yes [ ] No [ ] Unknown
(6) Were any of the materials or products repaired
or replaced? [
] Yes [ ] No [ ] Unknown
7. COMMON INTEREST
A. Is there a Home Owners’ Association
or other governing
entity? [
] Yes [ ] No [ ] Unknown
Name of Association
or Other Governing
Entity ______________
Contact Person ________________
Address ___________________
Phone Number ________________
B. Regular periodic assessments: $____
per [ ] Month [ ] Year
[ ] Other ____
*C. Are there any pending or proposed special
assessments? [
] Yes [ ] No [ ] Unknown
D. Are there shared “common areas” or joint
maintenance agreements
for facilities like
walls, fences,
pools, tennis courts, walkways
or other areas
co-owned in undivided interest
with others? [
] Yes [ ] No [ ] Unknown
E. Is the Home Owners’ Association or other
governing entity a
party to pending litigation
or subject to an
unsatisfied judgment? [
] Yes [ ] No [ ] Unknown [ ] NA
F. Is the property in violation of recorded
covenants,
conditions and restrictions or in
violation of other
bylaws or governing rules,
whether recorded or
not? [
] Yes [ ] No [ ] Unknown [ ] NA
8. GENERAL
A. Are there problems with settling, soil,
standing water or
drainage on the property
or in the immediate
area? [
] Yes [ ] No [ ] Unknown
B. Does the property contain fill? [
] Yes [ ] No [ ] Unknown
C. Is there any material damage to the property or
any of the
structure(s) from fire, wind, floods,
beach movements,
earthquake, expansive soils
or landslides? [
] Yes [ ] No [ ] Unknown
D. Is the property in a designated floodplain? [ ] Yes [ ] No [ ] Unknown
E. Is the property in a designated slide or other
geologic hazard
zone? [
] Yes [ ] No [ ] Unknown
*F. Has any portion of the property been tested
or treated for
asbestos, formaldehyde, radon
gas, lead-based
paint, mold, fuel or chemical
storage tanks or
contaminated soil or water? [ ] Yes [ ] No [
] Unknown
G. Are there any tanks or underground storage
tanks (e.g.,
septic, chemical, fuel, etc.)
on the property? [
] Yes [ ] No [ ] Unknown
H. Has the property ever been used as an illegal
drug manufacturing
or distribution site? [ ] Yes [ ] No [
] Unknown
*If yes, was a
Certificate of Fitness issued? [
] Yes [ ] No [ ] Unknown
9. FULL DISCLOSURE BY SELLERS
*A. Are there any other material defects
affecting this
property or its value
that a prospective
buyer should
know about? [
] Yes [ ] No
*If yes, describe
the defect on attached sheet
and explain the
frequency and extent of the
problem and any
insurance claims, repairs or
remediation.
B. Verification:
The foregoing answers
and attached explanations (if any) are complete and correct to
the best of my/our knowledge and I/we have received a copy of this
disclosure statement.
I/we authorize my/our agents to deliver a copy of this disclosure
statement to all
prospective buyers of the property or their agents.
Seller(s) signature:
SELLER ___________________
DATE ______________
SELLER ___________________
DATE ______________
______________________________________________________________________________
II. BUYER’S ACKNOWLEDGMENT
A. As buyer(s), I/we acknowledge the duty to pay diligent attention to
any material defects that are known to me/us or can be known by me/us by
utilizing diligent attention and observation.
B. Each buyer acknowledges and understands that the disclosures set
forth in this statement and in any amendments to this statement are made only
by the seller and are not the representations of any financial institution that
may have made or may make a loan pertaining to the property, or that may have or
take a security interest in the property, or of any real estate licensee
engaged by the seller or buyer. A financial institution or real estate licensee
is not bound by and has no liability with respect to any representation,
misrepresentation, omission, error or inaccuracy contained in another party’s
disclosure statement required by this section or any amendment to the
disclosure statement.
C. Buyer (which term includes all persons signing the “buyer’s
acknowledgment” portion of this disclosure statement below) hereby acknowledges
receipt of a copy of this disclosure statement (including attachments, if any)
bearing seller’s signature(s).
DISCLOSURES, IF ANY, CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER
ON THE BASIS OF SELLER’S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF
DISCLOSURE. IF THE SELLER HAS FILLED OUT SECTION 2 OF THIS FORM, YOU, THE
BUYER, HAVE FIVE DAYS FROM THE SELLER’S DELIVERY OF THIS DISCLOSURE STATEMENT
TO REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF
REVOCATION TO THE SELLER DISAPPROVING THE SELLER’S DISCLOSURE UNLESS YOU WAIVE
THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER’S PROPERTY
DISCLOSURE STATEMENT.
BUYER ___________________ DATE ______________
BUYER ___________________ DATE ______________
Agent receiving disclosure statement on buyer’s behalf to sign and
date:
___________________ Real Estate Licensee
___________________ Real Estate Firm
Date received by agent ________
______________________________________________________________________________
SECTION 9.
ORS 92.060 is amended to read:
92.060. (1) 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, the rod may not be less than
five-eighths of an inch in least dimension and 30 inches long. The location of
the monument shall be with reference by survey to a section corner, one-quarter
corner, one-sixteenth corner, Donation Land Claim corner or to a monumented lot
corner or boundary corner of a recorded subdivision, partition or condominium
plat. When setting a required monument is impracticable under the
circumstances, the county surveyor may authorize the setting of another type of
monument.
(2) In subdivision
plats, the intersections, the initial point, also known as the point of
beginning, the point of ending, points of curves and points of tangents, or the
point of intersection of the curve if the point is within the pavement area of
the road, of the centerlines of all streets and roads and all points on the
exterior boundary where the boundary line changes direction, must be marked
with monuments either of galvanized iron pipe or iron or steel rods. If
galvanized iron pipe is used, the pipe may not be less than three-quarter inch
inside diameter and 30 inches long. If iron or steel rods are used, the rod may
not be less than five-eighths of an inch in least dimension and 30 inches long.
When setting a required monument is impracticable under the circumstances:
(a) The county surveyor
may authorize the setting of another type of monument; or
(b) The county surveyor
may waive the setting of the monument.
(3) All lot and parcel
corners except lot corners of cemetery lots must be marked with monuments of
either galvanized iron pipe not less than one-half inch inside diameter or iron
or steel rods not less than five-eighths inch in least dimension and not less
than 24 inches long. When setting a required monument is impracticable under
the circumstances:
(a) The surveyor may set
another type of monument; or
(b) The county surveyor
may waive the setting of the monument.
(4) A surveyor shall set
monuments with sufficient accuracy that measurements may be taken between
monuments within one-tenth of a foot or within one ten-thousandth of the
distance shown on the subdivision or partition plat, whichever is greater.
(5) A surveyor shall set
monuments on the exterior boundary of a subdivision, unless the county surveyor
waives the setting of a particular monument, where changes in the direction of
the boundary occur and shall reference the monuments on the plat of the
subdivision before the plat of the subdivision is offered for recording.
However, the surveyor need not set the remaining monuments for the subdivision
prior to the recording of the plat of the subdivision if:
(a) The registered
professional land surveyor performing the survey work certifies that the
remaining monuments will be set, unless the county surveyor waives the setting
of a particular monument, on or before a specified date as provided in ORS
92.070 (2); and
(b) The person
subdividing the land furnishes to the county or city by which the subdivision
was approved a bond, cash deposit, irrevocable letter of credit issued by an
insured institution as defined in ORS 706.008 or other security as required by
the county or city guaranteeing the payment of the cost of setting the
remaining monuments for the subdivision as provided in ORS 92.065.
(6) A surveyor shall set
all monuments on the exterior boundary and all parcel corner monuments of
partitions, unless the county surveyor waives the setting of a particular
monument, before the partition plat is offered for recording. Unless the
governing body provides otherwise, any parcels created outside an urban growth
boundary that are greater than 10 acres need not be surveyed or monumented.
(7) Except as provided
in subsections (8) and (9) of this section, an adjusted property line created
by the relocation of a common boundary as described in ORS 92.010 [(7)(b)] (8)(b) must be surveyed
and monumented in accordance with subsection (3) of this section and a survey,
complying with ORS 209.250, must be filed with the county surveyor.
(8) Unless the governing
body of a city or county has otherwise provided by ordinance, a survey or
monument is not required for a property line adjustment when the abutting
properties are each greater than 10 acres. Nothing in this subsection exempts a
local government from minimum area requirements established in acknowledged
comprehensive plans and land use regulations.
(9) The requirements of
subsection (7) of this section do not apply to property transferred through a
property line adjustment as provided in ORS 92.010 [(7)(e)] (8)(e).
SECTION 10.
ORS 92.190 is amended to read:
92.190. (1) The replat
of a portion of a recorded plat shall not act to vacate any recorded covenants
or restrictions.
(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.
(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 [(11)] (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).
(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.
SECTION 11.
ORS 92.345 is amended to read:
92.345. (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:
(A) For “subdivided land”
or a “subdivision” as those terms are defined, respectively, by ORS 92.010 [(15) and] (16) and (17), 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;
(B) For “partitioned
land” or a “partition” as those terms are defined by ORS 92.010 [(6) and] (7) and (8), 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
(C) 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:
(A) 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
(B) 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.
(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.
(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.
Approved by the Governor July 31, 2007
Filed in the office of Secretary of State July 31, 2007
Effective date January 1, 2008
__________