Legal Question in Real Estate Law in Oregon

I have a neighbor that I have had problems over the last 6 years with. I spent over $3000.00 to put fencing in 11 years ago when I first bought my home, neighbors moved in 5 years later with horses and are using my fence line as a common fence.

They refuse to put adequate hot wire up on their side and their horses on numerous occasions have destroyed the fencing. I have heard every excuse to, it is my responsibility to keep their horses off my fence, to it was a deer and I can't prove it. I have tried to be nice about this to be approached with them calling me foul names to nasty comments.

Recently they started throwing food over the fence to my miniature horses who are on a diet I have ask them to stop but they continue. Some of this stems from a disagreement last year over my mini stud having fence line contact with her mare. Mind you my stud is 3ft tall and I have 3 strands of hot wire on the fencing. I am concerned about them harming or killing one of them.

The newest episode is coming home with a dump truck of gravel piled up on the fence and my hot wire shorted out due to the gravel flowed over to my side of the fence several feet up and covered the hot wire on my side of fence. I left a message on their answering machine and have received no response nor has the gravel been removed off my fence.

I am at wits end trying to deal with a neighbor who has no respect for anyone else's property. I am in Oregon and know there is a common fence line responsibilty, but don't even know what type of attorney or what I should be doing in advance. I just want to come home and live in peace and not worry about I am spending more money to fix fencing so the neighbor's animals and neighbor can destroy it. Any advise would be appreciated. I did take pictures of the fencing but if I don't have pictures of her animals climbing it not sure what good it would do.

Neighbor last year left a message threatening me with calling authorities about my mini stud in pasture next to her horse. There is not any laws in Oregon about having a male horse in a pasture next to neighbors horses but that I have to have adequate fencing which I do. I am just tired of it all and want to know what I can do. My fence is wrecked and it seems all that money to put up good fencing and hot wire was wasted :( Any advise?


Asked on 9/17/11, 8:41 am

1 Answer from Attorneys

Daniel Meek Daniel W. Meek

You could hire a lawyer and sue your neighbor for trespass and for damaging your property. Of course, take photos of everything you can. Send requests to your neighbor by certified mail and keep copies.

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Answered on 9/18/11, 2:08 am


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