Oregon Statewide Rule
Oregon Partition Fence and Livestock Fence Law
Key Facts
- Statute
- ORS Chapter 96
- Cost share
- 50/50 split
- Applies in
- Livestock districts
- Open range
- Fence out duty
Summary
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.
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.
Full Breakdown
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.
Violations & Penalties
Failure to contribute to lawful partition fence allows neighbor to recover half the cost plus court costs under ORS 96.040.
Frequently Asked Questions
Must my neighbor pay half my fence cost in Oregon?
What if my neighbor refuses to maintain a partition fence?
Sources
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