Oregon Statutes 92.170 – Amending recorded plat; affidavit of correction; fees
(1) Any plat of a subdivision or partition filed and recorded under the provisions of ORS § 92.010 to 92.192 may be amended by an affidavit of correction:
Terms Used In Oregon Statutes 92.170
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) To show any courses or distances omitted from the subdivision or partition plat;
(b) To correct an error in any courses or distances shown on the subdivision or partition plat;
(c) To correct an error in the description of the real property shown on the subdivision or partition plat; or
(d) To correct any other errors or omissions where the error or omission is ascertainable from the data shown on the final subdivision or partition plat as recorded.
(2) Nothing in this section shall be construed to permit changes in courses or distances for the purpose of redesigning lot or parcel configurations.
(3) The affidavit of correction shall be prepared by the registered professional land surveyor who filed the plat of the subdivision or partition. In the event of the death, disability or retirement from practice of the surveyor who filed the subdivision or partition plat, the county surveyor may prepare the affidavit of correction. The affidavit shall set forth in detail the corrections made and show the names of the present fee owners of the property materially affected by the correction. The seal and signature of the registered professional land surveyor making the correction shall be affixed to the affidavit of correction.
(4) The county surveyor shall certify that the affidavit of correction has been examined and that the changes shown on the certificate are permitted under this section.
(5) The surveyor who prepared the affidavit of correction shall cause the affidavit to be recorded in the office of the county recorder where the subdivision or partition plat is recorded. The county clerk shall return the recorded copy of the affidavit to the county surveyor. The county surveyor shall note the correction and the recorder’s filing information, with permanent ink, upon any true and exact copies filed in accordance with ORS § 92.120 (3). The corrections and filing information shall be marked in such a manner so as not to obliterate any portion of the subdivision or partition plats.
(6) For recording the affidavit in the county deed records, the county clerk shall collect a fee as provided in ORS § 205.320. The county clerk shall also collect a fee set by the county governing body to be paid to the county surveyor for services provided under this section. Corrections or changes shall not be allowed on the original plat once it is recorded with the county clerk. [1983 c.309 § 2; 1989 c.772 § 23; 1993 c.702 § 8; 1999 c.710 § 6; 2001 c.173 § 2; 2023 c.9 § 3]