FAQ

Every county and municipality have different requirements and building regulations that will impact the legal right to build on your property. To begin, the property must be a legal building lot. Before you acquire a development permit, you will need to ensure that your property meets the legal definition of a ‘legal building lot’. The property must meet zoning requirements, be physically buildable, follow conservation codes, and have access to water and septic systems. You will also need to know the following: is there legal access to your property, is it in the floodplain or geological hazard zones? All these regulations and more should be carefully considered before buying a property. For more information, contact us or visit Oregon Building Codes Division: https://www.oregon.gov/bcd/pages/index.aspx

ADUs (Accessory Dwelling Unit), or commonly known as ‘Mother-in-law unit’ are allowed by right on all residential properties within most Oregon cities and counties. The right to build an ADU is still subject to local regulations and codes regarding the size, amount of time in use, and location of the accessory structure. For more information, please visit: https://www.oregon.gov/lcd/Publications/ADU_Guidance_updatedSept2019.pdf

Tiny homes are subject to building codes and licensing standards that govern their construction and installation along with zoning codes that dictate where they can be sited. Tiny homes can be grouped into one of three categories based on their intended use: permanent, temporary, or transitional. Each category prioritizes different outcomes. For more information on Tiny homes, please visit: https://www.oregonlegislature.gov/lpro/Publications/Background-Brief-Tiny-Home-Regulation-2019.pdf

For Accessory Short-Term-Rentals, the laws, taxes, and regulations are different for each city and county. City laws in particular can change often, so it’s important to know full stock of current legislation affecting each location of your short-term-rental. For more information, please visit: https://www.hostfully.com/regulations/oregon/ ,  https://www.portland.gov/bds/astr-permits or https://www.hostaway.com/airbnb-rules-in-oregon/

When looking to buy a rural piece of land, access to broadband may be a crucial amenity. Learning if you have access to WiFi early on may remove the headache of construction and spending more money than anticipated. To learn more, please visit: https://www.oregon.gov/biz/programs/oregon_broadband_office/pages/default.aspx

Landowners with a minimum of 40 contiguous acres may qualify for controlled hunts tags on their property. In order to qualify, lands must be registered with ODFW and hunters must apply for hunts through the controlled hunt system. Registration and further information on the Landowner Preference Program (LOP) can be found at: myodfw.com/landowner-preference-program or by contacting ODFW License Service at 503-947-6101. Registration packets can also be acquired through local ODFW offices.

There are different types of surveys and not everyone has to hire a surveyor as it depends on the requirements and regulations. It may not seem like a big deal for some, but completing your due diligence when it comes to the property survey can save you from making a very costly mistake. The property surveyor will research the property before they look at the land. Then, they will go out to the property and sketch out the land, its boundaries, and many different elements that make up your property. For more information around property surveying in Oregon, please visit: https://www.plso.org/

A metes and bounds survey is used to describe the boundaries of a parcel of land. "Metes" refers to a mathematical description of the property lines constituting the perimeter of a property, and the term "bounds" states what each line is bounded (or bordered) by. Both natural and artificial markers can be used to define metes and bounds. For example, rivers are a natural marker used to define bounds, and roads are an artificial marker. Chain surveying is the branch of surveying in which only linear measurements are made in the field. This is suitable for the survey of small areas with simple details and in an area that is fairly flat. It derives its name from the fact that the principle equipment commonly used is the chain. For more information, please visit: https://www.plso.org/

A property line survey is a precise measurement of a land’s legal boundaries. If a property line survey is not already included with the plat and the property deed, you can hire a professional surveyor to measure where your property ends and your neighbor’s begins. For more information, please visit: https://www.plso.org/FAQ

Oregon law provides that all water is publicly owned. With only a few exceptions, a water right is required before any person (including a city, business or other entity) may divert water from its natural course and put it to “beneficial use.” Owners of property that border a body of water have certain rights related to that water (water rights). Additionally, landowners who use water, such as farmers, have rights related to water usage. Certificated water rights are legally appurtenant to the land.  Therefore, if the land is sold, the certificated water rights are deemed to be included in the sale unless they are expressly reserved to the seller in the deed or contract of sale. For more information, please visit: https://www.oregon.gov/owrd/pages/index.aspx or https://www.oregon.gov/owrd/WRDPublications1/aquabook.pdf

According to Oregon’s Water Code, “all water belongs to the public.” With only a few exceptions, a water right is required before any person (including a city, business or other entity) may divert water from its natural course and put it to “beneficial use.” Owners of property that border a body of water have certain rights related to that water (water rights). Additionally, landowners who use water, such as farmers, have rights related to water usage. Certificated water rights are legally appurtenant to the land.  Therefore, if the land is sold, the certificated water rights are deemed to be included in the sale unless they are expressly reserved to the seller in the deed or contract of sale. For more information, please visit: https://www.oregon.gov/owrd/pages/index.aspx or https://www.oregon.gov/owrd/WRDPublications1/aquabook.pdf

A waterway is a way or channel for travel by water. According to Oregon legislation: rivers, lakes, map of navigable water, and territorial sea are owned by the state of Oregon. If the submerged and submersible land underlying a waterway is determined by the courts, or through the navigability study process, to be state-owned, the state has what is termed a “prior existing right” to the land in that waterway. Since a deed can only convey interests actually owned by the seller, and since the submerged and submersible land underlying all navigable rivers was given to the state at statehood in 1859, there will be situations where the state is the true owner of the submerged and submersible land regardless of what a deed may say. These issues depend on the facts of the particular situation, property, waterway or deed. For more information, please visit: https://www.oregon.gov/dsl/WW/Pages/WWFAQ.aspx

When having your home or property value estimated, consider the three main types of valuation: fair market, appraisal, and assessed value. You can ask your agent for a free comparative market analysis or enter your address into a home value estimator, but the most accurate way to determine the worth of your property is through a professional appraiser. For more information, please visit your local county assessor's office.

Adverse possession is a legal doctrine that essentially allows trespassers on a piece of land to gain ownership rights if the true owner doesn't stop them within a certain period of time. A squatter can claim rights to the property after a certain time residing there. In Oregon, it takes (at least) 10 years of continuous occupation for a squatter to make an adverse possession claim (OR Rev. Stat. § 12.050 and OR Rev. Stat § 105.620). When a squatter claims adverse possession, they can gain legal ownership of the property. At this point, the squatter is no longer a criminal trespasser and can remain on the property as if they have legal permission. For more information, please visit https://oregon.public.law/statutes/ors_105.620

A road maintenance agreement stipulates the details of shared road maintenance. In ideal cases, those stipulations are set up in advance by the developer and / or enforced by the homeowners association. When reviewing easements during your home or property purchase, it’s important to understand their scope. To whom does the easement give access to the road and who is responsible for maintaining it?  If an easement agreement does not exist, you can create one. Easements may (and should) be recorded in county records. If an easement is recorded in county records, then an owner of real property, as well as potential buyers, will be deemed to be on “constructive notice” of the easement—i.e., an owner of real property will be viewed as having fair notice of the easement since they could have looked it up in public records. As a buyer, it is important to thoughtfully conduct due diligence to help discover any potential easement issues which might exist by examining the property, talking to neighbors, and researching the history of the property and surrounding properties. For more information, please visit: https://oregon.public.law/statutes/ors_105.175

Farm use is defined as the current employment of the land used for the primary purpose of obtaining a profit in money. To earn this benefit, you need to raise a product on the land to sell. Many rural properties are eligible for farm use special assessment or deferral of some or all of their property if it is "used for a qualifying farm use." The purpose of this program is to provide a financial incentive to property owners, in the form of reduced property values, for keeping their land in agricultural production. These programs have a potential tax payback if the requirements discontinue to be met. For a full list of requirements and regulations, please visit your county assessor’s ‘Farm and Forest Deferrals.’

Land can only be used for certain purposes based on the zoning regulations, so it’s important to know what zones your property falls under. To check the zoning of your property, go https://www.countyoffice.org/or-assessor/, choose your county, and type in your address under “Free Polk County Assessor Office Property Records Search”.

Properties that are in a Tsunami zone have different codes and regulations especially for building. To find out if your property is in a Tsunami zone, please visit: https://www.tsunamizone.org/knowyourzone/ or https://www.oregongeology.org/tsuclearinghouse/pubs-evacbro.htm

Forest practices such as harvesting, spraying pesticides, and burning are critical for tree stock. Widespread development of residences and other non-forestry uses may result in increased complaints about forest practices. Forest zoning helps ensure that commercial forest activities can continue to operate and expand by limiting the types and intensity of uses allowed. Counties apply forest zoning to forestlands protected under Statewide Planning Goal 4. Forest zoning is based on local comprehensive plans, which are adopted in accordance with state requirements. To learn more about Farm and Forest zoned properties, please visit: https://www.oregon.gov/lcd/FF/Pages/Forestland-Protection.aspx , https://www.oregon.gov/odf/working/pages/fpa.aspx , or

https://www.oregon.gov/oda/shared/documents/publications/pesticidesparc/licenseguide.pdf

A road maintenance agreement stipulates the details of shared road maintenance. In ideal cases, those stipulations are set up in advance by the developer and / or enforced by the homeowners association. When reviewing easements during your home or property purchase, it’s important to understand their scope. To whom does the easement give access to the road and who is responsible for maintaining it?  If an easement agreement does not exist, you can create one. Easements may (and should) be recorded in county records. If an easement is recorded in county records, then an owner of real property, as well as potential buyers, will be deemed to be on “constructive notice” of the easement—i.e., an owner of real property will be viewed as having fair notice of the easement since they could have looked it up in public records. As a buyer, it is important to thoughtfully conduct due diligence to help discover any potential easement issues which might exist by examining the property, talking to neighbors, and researching the history of the property and surrounding properties. For more information, please visit: https://oregon.public.law/statutes/ors_105.175

When reviewing easements during your home or property purchase, it’s important to understand their scope. To whom does the easement give access to the road and who is responsible for maintaining it? When you want to let someone else use your property without giving up your ownership, you'll need to sign a Real Estate Easement Agreement. Or maybe the only way you can build a driveway for your dream home is to pass through someone else's land. They can give you the go-ahead in a Real Estate Easement Agreement. If an easement agreement does not exist, you can create one. However, Easements may (and should) be recorded in county records. Septic system records are found by the Parcel Number of the property. This number is the township, range, section, quarter section and tax lot that is best found by calling your local county assessor's office or visiting its website. For more information, please visit: https://www.oregon.gov/deq/Residential/Pages/Onsite-Records.aspx https://sos.oregon.gov/archives/Pages/records/aids-land.aspx or contact your county assessor’s office.

“Where is-As is” is a real estate term whereby the property is being sold in its present condition. No “moving, cutting, shifting, replacing, redoing, changing, repairing, relocating, or refacing” anything related to the property. Listing an as is home sale means the homeowner is selling the home in its current condition, and will make no repairs or improvements before the sale (or negotiate with the buyer for any credits to fund these fix-its). 

Structures that meet the definition of “agricultural building” or “equine facility” are exempt from the Oregon Structural Specialty Code and do not need a building permit. However, a land use placement permit is required. The land use permit is issued over the counter by the Planner on Duty (POD) through a self-certification process. As for residential, permits from the City are required for some accessory structures, garages and sheds. The permit ensures the structure is safe, complies with setbacks and public utility easements, and not conflicting with utility lines, the environment, etc. For more information, contact your city building department.

Eminent domain refers to the power of the government to take private property and convert it into public use. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners. The power must be exercised in a constitutional manner. The procedure for acquisition of land should comply with the rules provided in the statutes by the legislatures.The power of eminent domain resides in federal and state governments. As for just compensation, if the government takes part of your property for a highway project, it must compensate you for the property it physically took, as well as for the diminished value of your remaining property based on its proximity to a highway. For more information, please visit: https://olsenbarton.com/eminent-domain-handbook-for-oregon-property-owners/

A floodplain is an area around a body of water that is prone to flooding from that body of water. If you live near a river, tributary or stream especially, you might be in a flood plain or flood zone. First, determine if your property is in a flood plain zone. If it is, you will need to know how to prepare, protect, and develop. Knowing current / historic water levels and having flood insurance are all important steps to prepare and protect your property. For more information, please contact your county planning department to determine how to proceed with a floodplain management plan.

Because mineral rights can be separate from surface level ownership, it’s important to know what the rights are when purchasing real estate. Mineral rights are ownership rights that allow the owner the right to exploit minerals from underneath a property. The rights refer to solid and liquid minerals, such as gold and oil. Mineral rights can be separate from surface rights and are not always possessed by the property owner. The owner of the mineral rights can exploit the minerals or sell the authority to do so without having ownership interest in the property. There are a few different ways that mineral rights are held. The combination of the mineral rights and the surface rights is referred to as an estate. How these estates are held can vary from location to location. To search for a mineral rights record, start with the land, title, or mineral rights records. For more information, please visit: https://oregon.public.law/statutes/ors_308.115

Many rural properties are eligible for farm use special assessment, or a deferral for some or all of their property if it’s "used for a qualifying farm use." However, Farm and Forestland deferral requirements may differ by county. If land is not in an EFU zone but is used as farmland, it may receive the same assessment given to all qualifying EFU farmland. If your property is zoned as Farm or Forest land, an assessment and application will need to be completed. For more information on if your property qualifies for the Farm and Forest tax deferral program, please contact your county for further details.

Under Oregon law, all water belongs to the public. With some exceptions, cities, irrigators, businesses, and other water users must obtain a permit or license from the Water Resources Department to use water from any source - whether it is underground, or from lakes or streams. Natural surface springs can be used without a permit if the spring does not flow off the property. For more information, contact your Water Resource Department, or reference the Water Rights of Oregon: https://www.oregon.gov/owrd/WRDPublications1/aquabook.pdf

https://oregonlandtrusts.org/wp-content/uploads/2019/04/COLT-water-law-primer-final-draft-August-14-2017.pdf

In Oregon, all residential properties are required to have a septic system. Your property’s size and nature determine the requirements to protect the groundwater from leachate and soil contamination. A septic system is designed to remove the waste from your household. Septic systems are regulated by Oregon State law and your local county health department. The county health department issues the state-required Permit to Construct, and septic system inspections are conducted by the county health department and state agencies such as water quality or natural resources departments. For more information, contact us, or visit the Department of Environmental Quality: https://www.oregon.gov/deq/residential/pages/onsite.aspx

A permit is needed to drill for a well in Oregon, and there are specific laws and regulations around this. To begin, you will need to find a licensed, bonded, and insured well driller. The process may include learning more about the property and topography, and choosing the correct site. To learn more about how to drill a well, please reference: https://oregon.public.law/statutes/ors_520.025#:~:text=A%20person%20may%20not%20drill,and%20orders)%20(1).

Water witching, more commonly known as dowsing, is considered a type of divination used to try to locate things that exist underground, including water, oil, precious metals and ores, gemstones, and even buried bodies. When locating water, it’s the practice of using a forked stick or dowsing rods. This method is used to locate water or wells in Oregon. However, An experienced drilling contractor should be able to assist you in locating a proper place for your future well. To date, there is no cost-efficient method of scientifically locating underground aquifers. Water witching or dowsing has not produced substantial and verifiable success in locating aquifers. Also, some areas have multiple water-bearing formations with varying qualities and quantities of water. A permit is needed to drill for a well. For more information, please reference: https://oregon.public.law/statutes/ors_520.025#:~:text=A%20person%20may%20not%20drill,and%20orders)%20(1).

When buying a property with a shared well, a legal agreement is essential in order to protect your access to the water supply and to spell out the costs and responsibilities involved in maintaining the system. It's important to begin your research by reviewing all recorded agreements regarding the well, particularly the deeds of the property owners involved. It's important to make sure that the deeds contain the proper easements permitting access to, use of, and maintenance of the water system. If there is no shared water well agreement in place, have one drawn up through a lawyer. For more information, please reference: https://www.oregon.gov/owrd/WRDPublications1/Well_Water_Handbook.pdf

The Domestic Well Testing Act (ORS 448.271) applies to the sale or exchange of real estate with a domestic well, and there are testing requirements in Oregon. To order a sample test and/or find a laboratory, please visit the Oregon Health Authority: https://www.oregon.gov/oha/PH/HEALTHYENVIRONMENTS/DRINKINGWATER/SOURCEWATER/DOMESTICWELLSAFETY/Pages/Testing-Regulations.aspx#:~:text=To%20test%20your%20water%2C%20you,OAR%20333%2D061%2D0330.

Arsenic is a naturally occurring element found in the earth’s crust. It has no color, smell or taste. As water flows through certain rock formations, arsenic can dissolve and be carried into underground aquifers and your well water. Arsenic is a health hazard. The only way to know if you have arsenic in your well water is to test. Contact an accredited laboratory for specific instructions on how to collect, store and send the sample. The safe drinking water standard (also called maximum contaminant level or MCL) for arsenic is 10 ppb. If your water has arsenic levels above 10 ppb (0.010 mg/L), you should switch to bottled water or another source of safe drinking water and seek treatment options. For more information, contact the Oregon Health Authority. https://www.oregon.gov/oha/PH/HEALTHYENVIRONMENTS/DRINKINGWATER/SOURCEWATER/DOMESTICWELLSAFETY/Documents/Contaminant%20Factsheets/OHA%208341%20Arsenic.pdf

When looking for a land broker in Oregon, consider the location they specialize in, e.g. which counties do they serve and which areas do they consider themselves experts in? Also consider how long they have been a land broker in Oregon as their experience could potentially lend an efficient and valuable approach when closing a deal. Learning their value, reputation, and niche is also a great way to know if they are a good fit. What kind of support do they offer, when are they available, and are they willing to go the extra mile? Finding an agent who meets your needs and fits your personality can help navigate the emotional side of a property or home purchase. 

When buying land in Oregon, it’s important to know the zoning, locations, and site characteristics to prevent costly mistakes. You may think all the boxes are checked after visiting the site, but land realtors will know all the minute details that can be easily overlooked. Land agents specialize in due diligence by understanding detailed components such as property access, easement agreements, deferral programs, mineral acts, flood plains, septic and well access, property lines, and much more. Along with understanding the complexity to purchasing land in Oregon, land realtors will help you make the right decision through their experience, passion, and knowledge.

The number of people contemplating relocating to rural areas so they can live “off-the-grid” is increasing. Working with the right agent is a great place to start to learn more about what it means to live rurally. Be sure to think about your future plans and how they may impact your acreage needs. How big is too big? How small is too small? How far are you willing to drive? How do you intend to use your property? Careful planning is prudent when buying property and should be carefully thought over. 

When hunting down real estate properties with the intention of starting with a clean slate, you will likely find many raw and vacant land options. Depending on where you buy land and for what purpose, the process and options for getting a loan could vary. There are 3 different kinds of land loans in Oregon: raw (or bare), lot, and construction. To specifically finance raw land in Oregon- which is land undeveloped or maintained, you will need to get a loan. Raw land can be risky for lenders since it will likely take longer to develop. Having a solid development plan, excellent credit and a substantial down payment, may make it easier to get a loan for raw land. We suggest starting with NWFCS to learn more about their options and Recreational loan: https://www.northwestfcs.com/

Depending on where you buy land and for what purpose, the process and options for acquiring a loan could vary. There are 3 different types of land loans: raw or bare, lot, and construction. Each loan comes with different rates and requirements and varies by county. Typically, the lender will need to assess the land which includes: surveying, locating utilities, wildlife, and zoning. Land loans tend to be risky for lenders, since there is no home to act as collateral. That’s why it’s important to be prepared for a higher down payment and interest rate to secure a loan to buy land. Reaching out to your local lender is a great way to start. We suggest starting with NWFCS to learn more about their options and Recreational loan: https://www.northwestfcs.com/

The term “escrow” can refer to a process as well as the people who manage it. In Oregon, the escrow process refers to the sequence of events that take place between contact and closing. Once you have a signed purchase agreement with the seller, you will “enter escrow.” This period ends when you actually close on the home and receive ownership. There are different phases to the opening and closing of escrow: Opening Escrow, Title Search, Document Preparation, and lastly, Closing. It generally takes around 30- 40 days, but can take longer.

Earnest money is a deposit made to a seller that represents a buyer's good faith to make a purchase such as the acquisition of a new home. The money gives the buyer extra time to get financing and conduct the title search, property appraisal, and inspections before closing. In many ways, earnest money can be considered a deposit on a home, an escrow deposit, or good faith money.