Oregon's partition fence statutes (ORS Chapter 96) impose statewide rules requiring adjoining landowners to share costs of livestock fencing in livestock districts. The law applies uniformly and preempts inconsistent local cost-sharing rules between neighbors.
ORS 96.010 through 96.060 establish that adjoining landowners in designated livestock districts must equally maintain partition fences sufficient to restrain livestock. If one neighbor refuses, the other can build the fence and recover half the cost through county court action under ORS 96.040. The Oregon livestock district law (ORS 607) determines where these rules apply by county vote. Outside livestock districts, the open-range tradition shifts the duty to fence livestock out, not in. ORS 105.880-105.890 governs damages from shared boundary trees; ORS 105.682 limits landowner liability for recreational use across fenced lands.
Failure to contribute to lawful partition fence allows neighbor to recover half the cost plus court costs under ORS 96.040.
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