Joint property line fence a good idea ?

[Cedrus]

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

My daughter and SIL moved to Bend, OR three months ago. No back fence which opens to woodsy area. Next door neighbor moved in last month and wants to build a fence along the property line, jointly financed. I have heard he is a bit odd but his wife is really nice. I have asked SIL if there are CC&R's and a control committee. No real response, just evasion.

I advisd SIL to find the lot marker pins and mark off the line. I advised him to have the neighbor build his own fence, at his expense, set back from the property line.

Good advice ? Are there any details or other info SIL needs to know ?

Thanks

 

[154NH773]

It appears that your SIL would be under no obligation to share in the cost of a partition fence unless he utilized it to complete an enclosure of his own yard. It would be his choice whether he would want to share the expense of the proposed fence, but I would suggest a written agreement fi maintenance of such a fence if he were to agree to share in it.

§ 96.010¹
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 latters 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. If they cannot agree, the party aggrieved and entitled to compensation for constructing or repairing the partition fence shall be entitled to recover from the other in a civil action the value of one-half of such fence or half of the value of repairing it before any court having competent jurisdiction in the name of and for the use of the owner or lessee of such fence, together with disbursements and costs of action. The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. [Amended by 1981 c.897 §30]