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What is a lot of record?
A lot or parcel at least 5,000 square feet in area and at least 50 feet wide, which conformed to all zoning and subdivision/partition requirements, in effect on the date the lot or parcel was created, and which was created by any of the following means:
- By partitioning land as defined in (Oregon Revised Statutes) ORS 92.010 (8);
- by a subdivision plat, as defined in ORS 92.010 (9), filed with the Deschutes County Surveyor and recorded with the Deschutes County Clerk;
- by deed or contract, dated and signed by the parties to the transaction, containing a separate legal description of the lot or parcel, and recorded in Deschutes County if recording of the instrument was required on the date of the conveyance. If such instrument contains more than one legal description, only one Lot of Record shall be recognized unless the legal descriptions describe separate lots in accordance with the format for a recorded subdivision or town plat;
- by a town plat filed with the Deschutes County Clerk and recorded in the Deschutes County Record of Plats; or
- by the subdividing or partitioning of all adjacent or sur rounding land, leaving a remainder lot or parcel.
What is not a lot of record?
- A lot or parcel created solely by a tax lot segregation because of an assessor's roll change or for the convenience of the assessor;
- a lot or parcel created by an intervening section or township line or right-of-way;
- a lot or parcel created by an unrecorded subdivision, unless the lot or parcel was conveyed in accordance with paragraph A(3) above; or
- a parcel created by the foreclosure of a security interest.
Isn't my tax lot a lot of record (legal lot), I've been paying taxes on it for a number of years?
Not all tax lots are created properly. If it falls under the criteria listed under paragraph A (1-5), then it would be considered a lot of record. If it falls under the criteria under paragraph B (1-4), then it would not be considered a lot of record.
What happens if my tax lot is not a lot of record? What can I do? Appeals.
Lot of record verifications vary. In many cases these situations can be corrected by a partition or subdivision application. Some lot of record problems are not easily corrected. Each situation is unique and requires an in-depth consideration of all facts involved. Decisions of the Planning Division may be appealed to the Board of County Commissioners.
How do I go about completing the lot of record application?
- Go to the County Assessor's Office (1300 NW Wall, Suite 200) and get a copy of your tax lot card from the Cartographer. This provides the volume and page numbers of recorded documents for your tax lot.
- Go to the County Clerk's office (1300 NW Wall, Suite 200) and get a copy of the earliest recorded document which describes your parcel and your parcel only.
- Fill out the application form* and attach copies of the tax lot card and recorded documents.
- Submit the application and documents, along with the filing fee, to the Planning Division.
- You will receive a letter in two to three weeks stating whether or not your parcel is a lot of record and explaining the facts on which the decision is based.
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Important
Not all tax lots are "lots of record" (legal lots). Deschutes County will not issue any permits on a lot or parcel until it is determined that it is a lot of record. If your parcel is not in an approved subdivision / partition, has not been issued a building or septic permit, or has never been determined to be a lot of record, you will need to file a lot of record verification application. This will determine when your parcel was created and if it was created in accordance with the County's lot of record ordinance. Below are some answers to common questions on lots of record and an explanation of how to complete a lot of record application.
[ Lot of Record
Verification Form ]
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