ORS 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 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]

Source: Section 96.010 — Sharing expenses of partition fence, https://www.­oregonlegislature.­gov/bills_laws/ors/ors096.­html.

Notes of Decisions

Where plaintiffs replaced fence between their property and defendants’ property and brought suit under this section to recover one-half cost, defendants not liable when fence not erected “on the line of any land” and not estopped to deny liability for fence because defendants did not know that failure to object to placement of fence would mislead plaintiffs. Knapp v. Daily, 96 Or App 327, 772 P2d 1363 (1989)

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