[WSBARP] Oregon fence law question

[Eric Nelsen]

If there is one of my esteemed colleagues who practices in Oregon and knows this off the top of their head, a little advice would be much appreciated...

Doing some research for a relative who lives in the City of Portland. Residential property in the city, and neighbor has put up an expensive cedar fence along the common boundary and is demanding my relative pay half under ORS 96.010<https://www.oregonlegislature.gov/bills_laws/ors/ors096.html>.

I've looked at the statute and all of chapter 96, and searched Oregon cases. This chapter on "line and partitition fences" appears to me to be applicable only to rural land, livestock fences, and enclosure fences within that kind of rural-land and farming meaning. Similar to our Ch. 16.60 RCW<https://app.leg.wa.gov/RCW/default.aspx?cite=16.60>.

I don't see any indication in Oregon case law, or in websites for Oregon law, that the statute has been applied in an urban residential setting, any more than Ch. 16.60 RCW is used in Washington in that way.

Am I right? Or do Oregon practitioners believe that a residential neighbor can be forced to share the expense of a boundary fence?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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