The Value of Lot Line Adjustments
Many property owners don't realize the true location of their boundary lines—until a survey is done for a fence or a home addition. That's when surprises arise: fences in the wrong place, buildings crossing over into a neighbor's land, or confusion about who owns what. In these cases, a Lot Line Adjustment may be the cleanest solution.
Prior to erecting a fence or putting on an addition to their home, property owners will typically obtain a survey of their property, only to discover the location of the perceived boundary line of their property and an adjacent property isn't correct. Often when the true boundary line between two properties is revealed, there is already a fence along what was believed to be the boundary line or the owners have made improvements or erected buildings across both properties, incorrectly believing it was only on their own property.
When this occurs, the property owners often find themselves in a situation where they need to obtain an easement or adjust the boundary line of the properties to resolve any boundary line disputes.
In this post, I will discuss how to fix boundary line issues in Oregon through a lot line adjustment—whether you're dealing with fencing errors, building overlap, or farmland optimization.
What is a Lot Line Adjustment?
A lot line adjustment is a process that is used to alter the property lines of an existing land parcel. This process is most often done through the County where the property is located. Typically, the lot line adjustment process is used to alter the boundary line between two parcels or reconfigure the shapes of parcels. Most often, a lot line adjustment is used as a way to resolve a boundary dispute between neighbors or negate the need to have an easement; however, it can also be used to reshape the parcels into more easily used sections.
For example, one of my clients had a property that was essentially 40 acres in the shape of a rectangle with a large 2-acre triangular jut-out section, and his neighbor had a similarly shaped property. My client wanted to make better use of the land and make caring for his crops more efficient. To do this, he needed to have a single larger rectangle versus the current shape of the land. After reaching out, he and his neighbor reached an agreement to essentially combine the two triangle sections and split the combined acreage, making two large rectangles, which was ultimately achieved through a settlement agreement and lot line adjustment.
Beyond resolving boundary disputes and optimizing land for agricultural use, lot line adjustments can also be strategic tools for facilitating future development. For instance, a property owner might adjust lot lines to create more appropriately sized parcels for building new structures or subdividing land in accordance with zoning regulations
Navigating lot line adjustments involves not only understanding the physical boundaries but also the crucial legal ramifications for property ownership and future transactions.
The Five Steps to Completing a Lot Line Adjustment
1. Talk To The County Planning Department
Typically, each County in Oregon has an office of planning, development, and/or zoning. This department is charged with, among other things, reviewing applications for lot line adjustments, making sure the application is complete, and that the property boundaries would still comply with all existing regulations. Often, the department can help guide you through the lot line adjustment process regarding what is needed, timing for completion, and general information about the rules and regulations related to lot line adjustments.
The County Planning Department plays a crucial role as they ensure any proposed lot line adjustments comply with local zoning ordinances, building codes, and comprehensive land use plans. This step is vital for preventing the creation of non-conforming lots or configurations that could hinder future development or negatively impact the surrounding area. Potential pitfalls at this stage include submitting incomplete information or proposing adjustments that violate existing regulations, leading to delays or outright rejection.
2. Obtain A Survey And Plat
In order to apply for a lot line adjustment with the county, the applicant must submit a new survey and plat map for the existing and proposed property boundaries.
A professional survey and plat map are fundamental as they provide the precise legal description of both the existing and proposed property boundaries. This ensures accuracy and avoids future disputes about property lines. Without a proper survey, the County cannot accurately assess the impact of the adjustment, and any subsequent legal documents would be unreliable. Common issues here involve discrepancies between existing records and the actual physical boundaries, requiring additional work and potentially impacting the feasibility of the adjustment.
3. Submit A Lot Line Adjustment Application
After gathering the necessary information and documents, you have to submit a formal application for the county to consider and pay any necessary fees. This also involves having all of the owners of any property where the line is intended to be adjusted, sign and agree to the application. This application will form the basis for legally altering the deeds to your property, so accuracy and completeness are paramount.
The formal application serves as the official request to the County for review and approval. Requiring all property owners' signatures ensures that all parties with a vested interest are in agreement with the proposed changes, preventing unilateral actions and potential legal challenges down the line. Incomplete applications or a lack of unanimous consent from all owners are frequent reasons for delays or rejection at this stage.
4. County Review
The County will review the application for compliance with relevant land use restrictions, zoning, and other property regulations. Sometimes, the County will hold a hearing on the applications and allow comments from the public, while other times the County is able to review and approve the application of its own accord.
The way the County handles the approval or rejection of an application depends on its own rules surrounding lot line adjustments, which varies between the Counties. The County's thorough review is in place to safeguard the public interest and ensure that the proposed changes don't negatively affect infrastructure, easements, or the overall character of the area. Public hearings, when required, provide an opportunity for neighboring property owners to voice any concerns. Potential roadblocks during this phase can include objections from the public or the County identifying non-compliance issues that require revisions to the application.
5. Formal Adjustment Of The Lot Lines
Once the County approves the lot line adjustment application, the applicant must record the new survey, plat, and lot line adjustment deeds for all affected properties.
This recording is the final—and most critical—step in the process. It legally establishes the new property boundaries and ensures they are recognized for all future purposes, including ownership transfers, mortgages, and property tax assessments. Proper recording provides clear, enforceable documentation and helps prevent future disputes.
Failure to accurately record these documents means the adjustment may not be legally valid, potentially leading to serious legal and financial consequences. Even small errors in the recorded materials can cause title issues or costly delays in future transactions.
Conclusion
While the lot line adjustment process is intended to be relatively easy to complete, it can be difficult and confusing to navigate in practice without the assistance. In order to complete the lot line adjustment process, it is imperative that you hire a surveyor to conduct the survey, create a plat, and create new legal descriptions for all affected properties.
Further, issues relating to the property's title, encumbrances, and the need to obtain other government approvals to complete the lot line adjustment can appear throughout the process. Given the significant legal implications, including the creation of new legal descriptions and the impact on property titles, engaging an attorney can provide invaluable assistance in navigating the complexities of the process and ensuring all legal requirements are met.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
