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Oregon Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence

Category:
Real Estate - Boundary Lines
State:
Multi-State
Control #:
US-01134BG
Format:
Word; 
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Description

A partition fence is one erected on the boundary line between two adjoining landowners, where there is no road, alley, or such between them. As a general rule, a partition fence built on a boundary line is owned by the adjoining landowners as tenants in common. A landowner has no duty at common law to construct or maintain a fence except with regard to grazing animals. Generally the duty to construct or maintain a partition fence is established by contract, covenant, agreement, or statute.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

These requirements are known as ?fencing in? laws and ?estray statutes.? However, within a designated grazing area, the law changes to one of ?fencing out?, meaning any property owner who does not want cattle to wandering onto their property must build a fence to keep them out.

In Colorado, livestock owners are not required to fence their livestock in. Instead, if landowners want to keep livestock off their property, they must fence the livestock out. This is sometimes referred to as the ?Open Range Law?, but the concept of open range is not a law.

Texas is an open-range state, tracing its roots back to the trail drives and cattle barons of the 1800s. Open range means exactly that?livestock owners are not required to fence in their livestock to prevent them from roaming at large.

This is a tough one, and many homeowners are often left frustrated by the answer. In short, there isn't a law that states fence repair as an obligation, even if it's falling apart. This largely comes from the fact that there actually isn't even a legal obligation to have a boundary fence in the first place.

In short, Oregon has historically been a "fence out" rather than a "fence in" state. The first comprehensive livestock district law (often referred to as a "herd law") was enacted by the Oregon legislature in 1893. General Laws of Oregon (1893) p.

Where a fence is on the property line between your own property and your neighbor's, the law states that expenses should be shared for installation and repair of the new fence. If a dispute arises, the property owner who pays for the fence is entitled to sue the non-paying homeowner for their half of the costs.

Where a fence is on the property line between your own property and your neighbor's, the law states that expenses should be shared for installation and repair of the new fence. If a dispute arises, the property owner who pays for the fence is entitled to sue the non-paying homeowner for their half of the costs.

If the fence is between the two properties, it's customary to split the costs between the property owners. However, if it's solely on your property or theirs, whoever owns the property the fence is located on should expect to pay the total cost of installation and maintenance.

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