Who Pays for Fencing between neighboring Properties?
If you’re a homeowner in Oregon and you’re wondering who is responsible for paying for a fence between neighboring properties, you’re not alone. “Fencing between Properties: Who Pays?” This is a common question that arises when property owners are considering installing a fence or when an existing fence is in need of repair. When it comes to determining who is responsible for paying for a fence between neighboring properties, it can be a source of confusion and conflict for homeowners. In this blog post, we will look at Oregon state law and some common scenarios that homeowners have faced when trying to determine who pays for a fence. In this blog post, we’ll explore the laws in Oregon regarding shared fences and who is responsible for paying for them.
First and foremost, it’s important to note that Oregon law does not specifically address the issue of shared fences between neighboring properties. However, there are some general rules that can help guide property owners in determining who is responsible for paying for a shared fence.
Oregon Law about Fences
Oregon State Law on Fences: According to Oregon Revised Statute 105.170, when two property owners share a boundary, they are both equally responsible for maintaining a fence between their properties. The law states that “both owners are mutually bound equally to maintain fences erected between them.”
A Mutual Understanding about who Pays for the Fence
This means that if there is an existing fence on the property line, both property owners are responsible for maintaining it. If a new fence needs to be installed, both property owners should agree on the design and cost before moving forward with the installation. The keyword in this sentence the above section is should. The law doesn’t specify who is technically responsible for the fiscal expense, but it does saw each party shares a responsibility.
In most cases, the cost of building and maintaining a fence between two properties is shared equally between the property owners. This means that if you have a neighbor who shares a fence with you, you would be responsible for paying half of the cost of building and maintaining the fence.
Exceptions to the who pays for a fence expectation
However, there are some exceptions to this rule. For example, if one property owner wants a fence that is more expensive than what the other owner is willing to pay for, they may be responsible for paying the difference in cost. Similarly, if one property owner wants a fence that is more decorative or ornate than what the other owner wants, they may be responsible for paying the additional cost.
Another exception to the general rule is if one property owner wants a fence for a specific purpose, such as to keep a pet contained or for privacy, they may be responsible for paying the entire cost of the fence. This is because the fence is serving a specific purpose for one property owner, rather than being a shared expense for both property owners.
It’s important to note that if there is a dispute between neighbors regarding the cost of a shared fence, the issue may need to be resolved in court. This can be a costly and time-consuming process, so it’s always best to try to work out any issues with your neighbor before resorting to legal action.
Common Scenarios: Fencing between properties – who pays?
Scenario 1:
An existing fence needs repairs. If an existing fence needs repairs, both property owners are responsible for sharing the cost equally. It’s important to communicate with your neighbor and come to an agreement on the design and cost of the repairs.
Scenario 2:
A new fence needs to be installed. When a new fence needs to be installed, both property owners should come to an agreement on the design and cost before moving forward with the installation. If one property owner wants a more expensive fence than the other, they can pay the difference in cost.
Scenario 3:
One property owner wants a fence, but the other does not. If one property owner wants to install a fence, but the other does not, they are responsible for the full cost of installation and maintenance. However, they cannot force their neighbor to pay for any portion of the fence.
It’s important to note that if there is a homeowners’ association (HOA) involved, they may have additional rules and regulations regarding fence installation and maintenance.
If your considering building a fence between you and your neighbor they do make a good neighbor, neighbor friendly style of fences to appease both parties.
Fences between Neighbors: Who Pays
In conclusion, according to Oregon state law, both property owners are equally responsible for maintaining a fence between their properties. If you are facing a fence-related issue with your neighbor, it’s important to communicate and come to an agreement on the design and cost before moving forward with any repairs or installations. In other words summary, while Oregon law does not specifically address shared fences between neighboring properties, the general rule is that the cost of building and maintaining a fence should be shared equally between the property owners. However, there are some exceptions to this rule, such as if one property owner wants a more expensive or decorative fence, or if the fence is serving a specific purpose for one property owner. If you’re considering installing a shared fence with your neighbor, it’s always best to have an open and honest conversation about the cost and responsibilities of maintaining the fence to avoid any potential disputes down the road. Once you have resolved the answer, as to who pays for the fence between you and your neighbors property. Good Neighbor Fence Company is an expert in building fences atheistically pleasing to both parties. Contact us today. Hopefully this post has resolved your questions about fencing between properties: and who pays?
