2007 Oregon Code - Chapter 96 :: Chapter 96 - Line and Partition Fences
Chapter 96 — Line
and Partition Fences
2007 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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