Law: Oregon Subdivision and Condominium Regulation

33 cards   |   Total Attempts: 182
  

Cards In This Set

Front Back
Subdivisions and Partitions Law
Gives local juristictions, cities and counties authority to regulate the legal separation of land into smaller lots or parcels
Subdivision and Series Partition Control Law
Gives the Real Estate Commissioner authority to oversee marketing and sale of undeveloped, legally separated lad to consumers
Partitioning
When land which exists as a unity of land or contiguous units of land under single ownership at the begininning of a calander year are divided into two or three parcels
Parcels
What pieces of land are called that have been partitioned (split into two or three pieces during the calander year)
Subdividing
When a tract of land that existed as one unit or contiguous units of land under single ownership at the begining of the calander year is divided into four or more units within the calendar year. These units are called lots
Lots
The name of subdivided units (four or more during calendar year)
What are exempted from the definition of partition?
  • a division of land resulting from a lien forclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots
  • an adjustment of a property line by the relocation of a common boundary
  • a division of land resulting from the recording of a subdivision or condominium plat
  • a sale or grant by a person to a public agency or public body for roads or highways
  • a sale or grant of excess property resulting from the aquisition of land by public agencies
  • a sale or grant as part of a property line adjustment incorporating the excess right of way into an adjacent property
How long after a public hearing on partition and subdivision regulation does the planning commission have before making recommendations to the governing body, which has the authority to adopt regulations after holding another hearing
60 days
What is the first step in applying for approval of a subdivision or partition?
Application stage. One must apply in writing to the city or county for approval of a propsed partition or subdivision. The application is accompanied by a tentative plan, showing the general layout of the proposed partition or subdivision
Tentative plan
Shows the general layout of the proposed partition or subdivision
What rules are there about the names of subdivisions?
A proposed subdivision cannot be similar to or pronounced the same as the name of another subdivision in the county unless the:
  • land platted is contiguous to and platted by the same party
  • consent of the proevious party is filled and recorded and all block numbers of the previous plat of the same name are to be continued
What is the second stage in applying for aproval of a partition or subdivision?
The approval of the final plat. A plat includes a final map ond other writing containing all the descriptions, locations, specifications, dedications, and provisions concerning a subdivision or partition. Approval of an application and tentative plan is binding on a city or county, so as long as the development conforms to the approved plan, and all conditions required for approval have been met, the city or county is committed to approving the final plan for recording
Dedication
The act of setting aside for public use such property as streets, utility easements, school sites, parks, recreational facilities, etc.
When can a subdivider sell lots in a subdivision?
A subdivider may negotiate a lot sale after the tentative paln is approved. This means he may advertise, solicit or promote the sale of the land, but may not execute a binding sales agreement.He may sell lots only after the subdivision has been approved and the plat as been acknowledged and recorded. He may not sell any lots undil the final approval of the plat has been recorded.In negotiating, he can use the approved tentative plan, but in selling the land, it is not permissible to refer to, exhibit, or use an unrecorded plat
What is the Oregon Condominium Act?
It regulates the creation, marketing, and operation of condominiums in Oregon