2005 Oregon Code - Chapter 96 :: Chapter 96 - Line and Partition Fences
Chapter 96 — Line and Partition Fences
2005 EDITION
LINE AND PARTITION FENCES
PROPERTY RIGHTS AND TRANSACTIONS
96.010Â Â Â Â Â Â Sharing expenses of partition fence
96.020Â Â Â Â Â Â Failure to repair partition fence
96.030Â Â Â Â Â Â Repairs by complainant
96.040Â Â Â Â Â Â Removal of partition fence
96.050Â Â Â Â Â Â Gate in partition fence
96.060Â Â Â Â Â Â Removal of fence built on anotherÂ’s land
     96.010
Sharing expenses of partition fence. Whenever there is a fence that is in
all respects such as a good husbandman ought to keep on the line of any land,
and the person owning or holding a lease for one or more years of the land
adjoining thereto makes or has an enclosure on the opposite side of such fence,
so that such fence answers the purpose of enclosing the latterÂ’s field, meadow,
lot or other enclosure, the latter shall pay the owner of such fence already
erected, one-half of the value of so much thereof as serves as a partition
fence, such value to be determined by the parties. If they cannot agree, the
party aggrieved and entitled to compensation for constructing or repairing the
partition fence shall be entitled to recover from the other in a civil action
the value of one-half of such fence or half of the value of repairing it before
any court having competent jurisdiction in the name of and for the use of the
owner or lessee of such fence, together with disbursements and costs of action.
The prevailing party shall also recover attorney fees at trial and on appeal,
to be adjudged by the court. [Amended by 1981 c.897 §30]
     96.020
Failure to repair partition fence. If any party neglects to repair or
rebuild such partition fence as is mentioned in ORS 96.010 or the portion
thereof which the party ought to maintain, the aggrieved party may complain to
a justice of the peace, who, after due notice to each party, shall examine the
fence and if the justice of the peace determines it to be insufficient the
justice of the peace shall so signify in writing to the delinquent party and
direct the latter to repair or rebuild it within such time as the justice of
the peace adjudges to be reasonable.
     96.030
Repairs by complainant. If a partition fence is not repaired or rebuilt
according to the directive mentioned in ORS 96.020, the complainant may repair
or rebuild it and recover the value thereof from the delinquent party before
any court of competent jurisdiction. The court may award reasonable attorney
fees to the prevailing party in an action under this section. [Amended by 1981
c.897 §31; 1995 c.618 §54]
     96.040
Removal of partition fence. (1) In all cases where the enclosures of two or
more persons are divided by a partition fence of any kind and either of the
parties thinks it proper to vacate the part of the enclosure of that party or
to make a lane or passage between the adjoining enclosures, that party is at liberty
to remove the share of that party or part of the partition fence on giving six
monthsÂ’ notice in writing of such intention to the party owning or occupying
the adjoining enclosure, or to the agent of the party, if such party is not a
resident of the county.
     (2) When one party ceases to improve the land of the party or opens the enclosure, the party shall not take away any part of the partition fence belonging to the party and adjoining the next enclosure if the owner or occupant of the adjoining enclosure, within two months after it is ascertained, pays therefor such sum as is agreed upon by the parties or, if they fail to agree, such sum as is adjudged by two disinterested persons, selected by the parties, which two persons, if they fail to agree, may select a third person, and the three persons shall determine such sum. Such partition fence shall not be removed when by so doing it will expose to destruction any crops in such enclosures.
     96.050
Gate in partition fence. In all cases where a partition fence exists
between the land of two or more persons and a gate is established for passage
through their lands, any other person may pass through the gate free, doing no
unnecessary damage, and if any such person leaves any such gate open or does
other damage to the premises, the person is liable to the aggrieved party in
double damages.
     96.060
Removal of fence built on anotherÂ’s land. (1) When any person has built or
builds, by mistake and in good faith, a fence on the land of another, such
person or the successor in interest of the person may, within one year from the
time of discovering the mistake, go upon the land of the other person and
remove the fence, doing no unnecessary damage thereby.
     (2) The occupant or owner of land whereon a fence has been built by mistake shall not throw down or in any manner disturb such fence during the period which the person who built it is authorized by subsection (1) of this section to remove it.
     96.070
[Repealed by 1981 c.111 §2]
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