Oregon Code § 96.040·Enacted ·Last updated March 01, 2026
Statute Text
Removal
of partition fence.
(1) In all cases where the enclosures of two or more persons are divided by a
partition fence of any kind and either of the parties thinks it proper to
vacate the part of the enclosure of that party or to make a lane or passage
between the adjoining enclosures, that party is at liberty to remove the share
of that party or part of the partition fence on giving six months notice in
writing of such intention to the party owning or occupying the adjoining
enclosure, or to the agent of the party, if such party is not a resident of the
county.
(2) When one
party ceases to improve the land of the party or opens the enclosure, the party
shall not take away any part of the partition fence belonging to the party and
adjoining the next enclosure if the owner or occupant of the adjoining
enclosure, within two months after it is ascertained, pays therefor such sum as
is agreed upon by the parties or, if they fail to agree, such sum as is
adjudged by two disinterested persons, selected by the parties, which two
persons, if they fail to agree, may select a third person, and the three
persons shall determine such sum. Such partition fence shall not be removed
when by so doing it will expose to destruction any crops in such enclosures.
Plain English Explanation
This Oregon statute addresses Removal
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 96.040
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Removal
. Read the full statute text above for details.
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The formal citation is Oregon Code § 96.040. Use this format in legal documents and court filings.
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