Oregon Statute | Act | Code |Title 09 Mortgages And Liens| US Code - US Statute

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 latter’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] 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. 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] (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 months’ 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. 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. (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.

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