96.010Sharing expenses of partition fence. Whenever there is a fence that is inall 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 landadjoining 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 alreadyerected, one-half of the value of so much thereof as serves as a partitionfence, such value to be determined by the parties. If they cannot agree, theparty aggrieved and entitled to compensation for constructing or repairing thepartition fence shall be entitled to recover from the other in a civil actionthe value of one-half of such fence or half of the value of repairing it beforeany court having competent jurisdiction in the name of and for the use of theowner 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]
96.020Failure to repair partition fence. If any party neglects to repair orrebuild such partition fence as is mentioned in ORS 96.010 or the portionthereof which the party ought to maintain, the aggrieved party may complain toa justice of the peace, who, after due notice to each party, shall examine thefence and if the justice of the peace determines it to be insufficient thejustice of the peace shall so signify in writing to the delinquent party anddirect the latter to repair or rebuild it within such time as the justice ofthe peace adjudges to be reasonable.
96.030Repairs by complainant. If a partition fence is not repaired or rebuiltaccording to the directive mentioned in ORS 96.020, the complainant may repairor rebuild it and recover the value thereof from the delinquent party beforeany court of competent jurisdiction. The court may award reasonable attorneyfees to the prevailing party in an action under this section. [Amended by 1981c.897 §31; 1995 c.618 §54]
96.040Removal of partition fence. (1) In all cases where the enclosures of two ormore persons are divided by a partition fence of any kind and either of theparties thinks it proper to vacate the part of the enclosure of that party orto make a lane or passage between the adjoining enclosures, that party is at libertyto remove the share of that party or part of the partition fence on giving sixmonths’ notice in writing of such intention to the party owning or occupyingthe adjoining enclosure, or to the agent of the party, if such party is not aresident 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 theparty and adjoining the next enclosure if the owner or occupant of theadjoining enclosure, within two months after it is ascertained, pays thereforsuch sum as is agreed upon by the parties or, if they fail to agree, such sumas is adjudged by two disinterested persons, selected by the parties, which twopersons, if they fail to agree, may select a third person, and the threepersons shall determine such sum. Such partition fence shall not be removedwhen by so doing it will expose to destruction any crops in such enclosures.
96.050Gate in partition fence. In all cases where a partition fence exists betweenthe land of two or more persons and a gate is established for passage throughtheir lands, any other person may pass through the gate free, doing nounnecessary damage, and if any such person leaves any such gate open or doesother damage to the premises, the person is liable to the aggrieved party indouble damages.
96.060Removal of fence built on another’s land. (1) When any person has built orbuilds, by mistake and in good faith, a fence on the land of another, suchperson or the successor in interest of the person may, within one year from thetime of discovering the mistake, go upon the land of the other person andremove the fence, doing no unnecessary damage thereby.
(2)The occupant or owner of land whereon a fence has been built by mistake shallnot throw down or in any manner disturb such fence during the period which theperson who built it is authorized by subsection (1) of this section to removeit.
96.010Sharing expenses of partition fence. Whenever there is a fence that is inall 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 landadjoining 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 alreadyerected, one-half of the value of so much thereof as serves as a partitionfence, such value to be determined by the parties. If they cannot agree, theparty aggrieved and entitled to compensation for constructing or repairing thepartition fence shall be entitled to recover from the other in a civil actionthe value of one-half of such fence or half of the value of repairing it beforeany court having competent jurisdiction in the name of and for the use of theowner 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]
96.020Failure to repair partition fence. If any party neglects to repair orrebuild such partition fence as is mentioned in ORS 96.010 or the portionthereof which the party ought to maintain, the aggrieved party may complain toa justice of the peace, who, after due notice to each party, shall examine thefence and if the justice of the peace determines it to be insufficient thejustice of the peace shall so signify in writing to the delinquent party anddirect the latter to repair or rebuild it within such time as the justice ofthe peace adjudges to be reasonable.
96.030Repairs by complainant. If a partition fence is not repaired or rebuiltaccording to the directive mentioned in ORS 96.020, the complainant may repairor rebuild it and recover the value thereof from the delinquent party beforeany court of competent jurisdiction. The court may award reasonable attorneyfees to the prevailing party in an action under this section. [Amended by 1981c.897 §31; 1995 c.618 §54]
96.040Removal of partition fence. (1) In all cases where the enclosures of two ormore persons are divided by a partition fence of any kind and either of theparties thinks it proper to vacate the part of the enclosure of that party orto make a lane or passage between the adjoining enclosures, that party is at libertyto remove the share of that party or part of the partition fence on giving sixmonths’ notice in writing of such intention to the party owning or occupyingthe adjoining enclosure, or to the agent of the party, if such party is not aresident 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 theparty and adjoining the next enclosure if the owner or occupant of theadjoining enclosure, within two months after it is ascertained, pays thereforsuch sum as is agreed upon by the parties or, if they fail to agree, such sumas is adjudged by two disinterested persons, selected by the parties, which twopersons, if they fail to agree, may select a third person, and the threepersons shall determine such sum. Such partition fence shall not be removedwhen by so doing it will expose to destruction any crops in such enclosures.
96.050Gate in partition fence. In all cases where a partition fence exists betweenthe land of two or more persons and a gate is established for passage throughtheir lands, any other person may pass through the gate free, doing nounnecessary damage, and if any such person leaves any such gate open or doesother damage to the premises, the person is liable to the aggrieved party indouble damages.
96.060Removal of fence built on another’s land. (1) When any person has built orbuilds, by mistake and in good faith, a fence on the land of another, suchperson or the successor in interest of the person may, within one year from thetime of discovering the mistake, go upon the land of the other person andremove the fence, doing no unnecessary damage thereby.
(2)The occupant or owner of land whereon a fence has been built by mistake shallnot throw down or in any manner disturb such fence during the period which theperson who built it is authorized by subsection (1) of this section to removeit.
96.010Sharing expenses of partition fence. Whenever there is a fence that is inall 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 landadjoining 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 alreadyerected, one-half of the value of so much thereof as serves as a partitionfence, such value to be determined by the parties. If they cannot agree, theparty aggrieved and entitled to compensation for constructing or repairing thepartition fence shall be entitled to recover from the other in a civil actionthe value of one-half of such fence or half of the value of repairing it beforeany court having competent jurisdiction in the name of and for the use of theowner 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]
96.020Failure to repair partition fence. If any party neglects to repair orrebuild such partition fence as is mentioned in ORS 96.010 or the portionthereof which the party ought to maintain, the aggrieved party may complain toa justice of the peace, who, after due notice to each party, shall examine thefence and if the justice of the peace determines it to be insufficient thejustice of the peace shall so signify in writing to the delinquent party anddirect the latter to repair or rebuild it within such time as the justice ofthe peace adjudges to be reasonable.
96.030Repairs by complainant. If a partition fence is not repaired or rebuiltaccording to the directive mentioned in ORS 96.020, the complainant may repairor rebuild it and recover the value thereof from the delinquent party beforeany court of competent jurisdiction. The court may award reasonable attorneyfees to the prevailing party in an action under this section. [Amended by 1981c.897 §31; 1995 c.618 §54]
96.040Removal of partition fence. (1) In all cases where the enclosures of two ormore persons are divided by a partition fence of any kind and either of theparties thinks it proper to vacate the part of the enclosure of that party orto make a lane or passage between the adjoining enclosures, that party is at libertyto remove the share of that party or part of the partition fence on giving sixmonths’ notice in writing of such intention to the party owning or occupyingthe adjoining enclosure, or to the agent of the party, if such party is not aresident 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 theparty and adjoining the next enclosure if the owner or occupant of theadjoining enclosure, within two months after it is ascertained, pays thereforsuch sum as is agreed upon by the parties or, if they fail to agree, such sumas is adjudged by two disinterested persons, selected by the parties, which twopersons, if they fail to agree, may select a third person, and the threepersons shall determine such sum. Such partition fence shall not be removedwhen by so doing it will expose to destruction any crops in such enclosures.
96.050Gate in partition fence. In all cases where a partition fence exists betweenthe land of two or more persons and a gate is established for passage throughtheir lands, any other person may pass through the gate free, doing nounnecessary damage, and if any such person leaves any such gate open or doesother damage to the premises, the person is liable to the aggrieved party indouble damages.
96.060Removal of fence built on another’s land. (1) When any person has built orbuilds, by mistake and in good faith, a fence on the land of another, suchperson or the successor in interest of the person may, within one year from thetime of discovering the mistake, go upon the land of the other person andremove the fence, doing no unnecessary damage thereby.
(2)The occupant or owner of land whereon a fence has been built by mistake shallnot throw down or in any manner disturb such fence during the period which theperson who built it is authorized by subsection (1) of this section to removeit.
