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Old 10-10-2008, 02:02 PM
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Fence Dispute


What is the name of your state (only U.S. law)? Oregon

We bought our house and 1/3 of an acre three years ago. The neighbor on one side of us maintains that she paid for the fence that is on the shared property line in full, many years ago, and therefore we cannot do anything to the fence. Earlier this year we put a small strip of lattice along the top edge of the fence and she waited until we were at work and then cut the posts of "her" fence by six inches, causing the lattice to come down. The fence is old, and will need to be replaced within the next 5 years. Are we within our rights to tear down the fence and rebuild another on the same site? Even if we do not have her permission? We are willing to pay in full. We are loathe to erect another fence inside the property line, since she had already gained some of the property due to adverse possession from the previous owners.

Last edited by LoriDB; 10-10-2008 at 02:04 PM. Reason: incomplete
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Old 10-10-2008, 02:31 PM
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Quote:
Originally Posted by LoriDB View Post
We bought our house and 1/3 of an acre three years ago. The neighbor on one side of us maintains that she paid for the fence that is on the shared property line in full, many years ago, and therefore we cannot do anything to the fence. Earlier this year we put a small strip of lattice along the top edge of the fence and she waited until we were at work and then cut the posts of "her" fence by six inches, causing the lattice to come down. The fence is old, and will need to be replaced within the next 5 years. Are we within our rights to tear down the fence and rebuild another on the same site? Even if we do not have her permission? We are willing to pay in full. We are loathe to erect another fence inside the property line, since she had already gained some of the property due to adverse possession from the previous owners.
The answer to ALL of your questions is simple. Whose property is the fence located on?? If entirely on HER property, you can't touch it. If entirely on YOUR property, you can do anything you want with it.
So, who 'owns' the fence?
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