Legal Question in Real Estate Law in Oregon

Boundary Fence Dispute

My next door neighbor and I both share

a fence in our enclosed back yards. My

neighbors property is run by a property

manager. I worked with this property

manager over 4 month period in an

agreement to replace the rotting and

falling fence with a new fence. In all

converstations there was always

agreement to pay 50-50 and get work

done and we even secured a

comparison bid to placate the owner

who thought first bid was too high

(hence owner in agreement on spliting

costs and doing work...just wants cheap

solution). I gave over 4 weeks notice of

the date I booked for getting work

done... and even contacted the PM

14days prior to work date to remind

him to have a check ready for vendor

and to let tenants know... on the day of

the work they said that the owner

changed her mind and now refuse to

pay. I want to avoid legal

proceedings.. but feel strongly they

should pay 50% for fence that their

property uses to equal use. What would

you suggest?


Asked on 8/23/06, 11:35 pm

1 Answer from Attorneys

Daniel Margolin Stephens Margolin, P.C.

Re: Boundary Fence Dispute

There is an Oregon statute which provides that both property owners shall be responible for one-half of the cost of a partition fence. Additionally, the prevailing party is statutorily entitled to attorney fees. In order to fully ananlyze your claim, an attorney would need more specific facts. Feel free to contact me for a consultation on this issue at 5032229830 or [email protected].

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Answered on 8/24/06, 11:17 am


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