Bill Text: OR HB2892 | 2011 | Regular Session | Engrossed

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Bill Title: Relating to boundary by agreement.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2892 Detail]

Download: Oregon-2011-HB2892-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 326

                           A-Engrossed

                         House Bill 2892
                  Ordered by the House April 18
            Including House Amendments dated April 18

Sponsored by Representative KENNEMER (at the request of
  Professional Land Surveyors of Oregon) (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Allows landowners with common boundary that is uncertain or
subject to dispute to locate and fix boundary by agreement.

                        A BILL FOR AN ACT
Relating to boundary by agreement; creating new provisions; and
  amending ORS 92.010.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS 92.010 to 92.192. + }
  SECTION 2.  { + (1) When all or part of a common boundary
between lawfully established units of land is uncertain or
subject to dispute, the owners of the lawfully established units
of land sharing the common boundary may, as provided in this
section, locate and fix the boundary by agreement.
  (2) Owners who locate and fix a boundary by agreement shall:
  (a) Document the agreement in a written instrument.
  (b) Subject to subsection (3) of this section, have a
registered professional land surveyor survey and monument the
boundary in the manner described in ORS 92.060 (1) and file, with
the county surveyor in accordance with ORS 209.250, a record of
survey that documents evidence regarding the uncertain or
disputed boundary and includes the recordation number assigned to
the agreement by the office of the county clerk.
  (c) Present the written instrument documenting the boundary by
agreement for recordation in the deed records of the county by
the county clerk for the county in which the lawfully established
units of land are situated.
  (3) The county surveyor may waive the requirement to have a
boundary surveyed and monumented if the county surveyor
determines that:
  (a) It is not practicable to survey and monument the boundary;
or
  (b) The boundary has already been surveyed and monumented.
  (4) The written instrument documenting the boundary by
agreement:
  (a) Must be titled 'Boundary Line Agreement.  '

  (b) Must include a description of the boundary, as described in
ORS 93.600.
  (c) Must specify the filing number of the survey described in
subsection (2) of this section, if any.
  (d) Must be signed and acknowledged by the owners of the
lawfully established units of land.
  (e) Must be submitted to the county surveyor for examination
and a determination that the agreement complies with this
section.
  (f) Does not convey ownership of land or improvements described
in the document.
  (5) If the county surveyor determines that the boundary line
agreement complies with this section, the county surveyor shall
sign and attach to the agreement a certification that the
boundary line agreement has been examined and found to be in
compliance with this section.
  (6) A boundary by agreement may not result in the creation or
elimination of a lawfully established unit of land.
  (7) Boundary by agreement under this section may not be used as
an alternative to meeting the requirements for reconfiguration of
existing property by either a property line adjustment or a
replat under ORS 92.010 to 92.192.
  (8) The owners, their successors, assigns, heirs and devisees
to the lawfully established units of land are estopped from
making a legal challenge to a boundary by agreement once the
written instrument for the boundary by agreement has been
recorded in the deed records of the county in which the land is
situated.
  (9) The governing body of a county may establish a fee for the
services of the county surveyor under this section.
  (10) A county clerk to whom a boundary by agreement is
presented for recordation:
  (a) Shall record the agreement if a certification of compliance
is attached pursuant to subsection (5) of this section; and
  (b) May collect a fee as provided in ORS 205.320 for recording
the agreement. + }
  SECTION 3. ORS 92.010 is amended to read:
  92.010. As used in ORS 92.010 to 92.192, 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 92.192;
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 { + , except a relocation by means of a boundary by
agreement under section 2 of this 2011 Act, + } 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.
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