Oregon Statutes 209.255 – Amendment of survey map or narrative by affidavit of correction; preparation, certification and recording of affidavit
(1) Any survey map or narrative filed and recorded under the provisions of this chapter may be amended by an affidavit of correction:
Terms Used In Oregon Statutes 209.255
- 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.
- County surveyor: means an individual appointed or elected to the office of county surveyor and who is responsible for performing the duties of such office as described by law. See Oregon Statutes 209.005
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Registered professional land surveyor: has the meaning given that term in ORS § 672. See Oregon Statutes 209.005
(a) To show any courses or distances omitted from the map or narrative;
(b) To correct an error in any courses or distances shown on the map or narrative;
(c) To correct an error in the description of the real property shown on the map or narrative; or
(d) To correct any other errors or omissions where the error or omission is ascertainable from the data shown on the map or narrative as recorded.
(2) Nothing in this section shall be construed to permit changes in courses or distances for the purpose of redesigning parcel configurations.
(3) The affidavit of correction shall be prepared by the registered professional land surveyor who filed the map or narrative. In the event of the death, disability or retirement from practice of the surveyor who filed the map or narrative, the county surveyor may prepare the affidavit of correction. The affidavit shall set forth in detail the corrections made. The seal and original signature of the registered professional land surveyor making the affidavit shall be affixed to the affidavit.
(4) The county surveyor having jurisdiction of the map or narrative shall certify that the affidavit of correction has been examined and that the changes shown on the map or narrative are changes permitted under this section.
(5) The surveyor who prepared the affidavit shall cause the affidavit to be recorded in the office of the county recorder of the county where the survey or narrative is recorded. The county clerk shall promptly return the recorded affidavit to the county surveyor who shall note the correction and the recorder’s filing information with permanent ink, upon the original survey or narrative filed in accordance with ORS § 209.250. The corrections and filing information shall be marked in such a manner so as not to obliterate any portion of the survey or narrative.
(6) In addition to the fees established by ORS § 205.320 for recording the affidavit in the county deed records, the county clerk shall collect a fee set by the county governing body. The county clerk shall collect the fee as set by the county governing body to be paid to the county surveyor for services provided under this section. [1983 c.309 § 10; 1989 c.394 § 15; 1993 c.219 § 14; 1999 c.654 § 23]