Fence dispute

[KITEBIKE]

A year ago I purchased my grandfathers house so I could clean and flip it. It was in extremely bad shape. It cost me every penny I had to purchase it so I started by doing the cheap projects around the house, clean out garbage, landscaping, painting. The neighbors approached me about building a new fence but I had no time or money and a new fence was pretty low on the priority list so I asked them to wait a few months. They also wanted to use a contractor instead of building it ourselves which I knew would be expensive, 80 feet of fence. They kept bugging me about this fence so my dad said he had some time and money and would work with them to build the fence. My dad talked to the neighbors and  they seemed good with the idea. A few weeks later  my dad starts getting ready to plant the fence posts and the neighbor said he was having the fence built himself and threatened us about dirt washing onto his property. Im assuming they thought we were dragging our feet. So I was like great build your own fence. They have the fence built and I don't hear from them again until 6 months later after I sell the house, they wrote a letter asking me to pay 3000 for half the fence. I offered a 1000 to get them off my back but now they're threatening to sue me, stating a Oregon shared fence law.   What would you do?

[GuitarStv]

Quick googling seems to indicate that they're in the right on this one.  (https://www.superlawyers.com/resources/real-estate/oregon/fence-laws-in-oregon/#:~:text=Where%20a%20fence%20is%20on,their%20half%20of%20the%20costs.)  If you OK'd the fence building, they built it, and the law is on their side . . . there's not really anything you can do.  Just pay up.  It'll be cheaper than losing in court.

[ChickenStash]

It might be helpful to consult an attorney with the specifics to make sure you are really on the hook for half of the fence. But, it looks like you do owe half the cost.

[SunnyDays]

Hmm. The law that GuitarStv references says "on the property line."  Most people put up a fence on their side of the line.  Maybe this is a technicality you could try to protest with.  Seems like a bad law to me - what if the neighbour has no interest in a fence and can't afford the thousands they "owe."  I would consult a lawyer before paying them anything.

[sonofsven]

I would ask to see their survey first to make sure it was actually on the property line, if they don't have a survey then I would ask if they know where the monuments or permanent markers are that delineate the property line.
I would only do this because they were so aggressive in dissuading you from building a fence and then sticking you with half the bill when they never showed you the quote from the contractor.

[GuitarStv]

I was curious, so I dug into Oregon's laws a bit further to get details - https://oregon.public.law/statutes/ors_96.010

Is the rest of your yard fenced in?  It looks like if the fence that was built doesn't enclose your yard (ie if you have no fence on the other sides of the yard) you are probably off the hook for it.

[KITEBIKE]

The yard was not fully fenced and had never been at the time the fence was constructed but my dad decided to fence in the front right before we sold it. I never truly ok'ed the fence being built with the neighbors, I just said whatever, they were always rude with me, and really wanted a new fence.

[KITEBIKE]

Also I contacted a free mediator with the city and have arranged a meeting on Friday with the neighbors. I'm so done with this house.

[Car Jack]

Two words for your neighbor:  Pound Sand.  Let them take you to small claims court.  You never said you'd help in any way to put in a fence.  Your father wanted to build a fence and the neighbor ran him off saying not to build a fence.  So how could you have known the neighbor was going to build a fence and then expect you to pay for it. 

[HPstache]

Hmm. The law that GuitarStv references says "on the property line."  Most people put up a fence on their side of the line.  Maybe this is a technicality you could try to protest with.  Seems like a bad law to me - what if the neighbour has no interest in a fence and can't afford the thousands they "owe."  I would consult a lawyer before paying them anything.

Then they would have to say "no".  Problem here is that it sounds lilke the OP agreed.

[Zamboni]

Just posting to say you have my sympathy.

You have sold this property now? How does this guy even know how to contact you?

Last house I bought I had one neighbor in the back yard who always seemed to have a complaint and always wanted me to pay half for his suggested various projects. One of those things was a fence. My back yard was a wooded area, bordered 6 other properties in the back, and there was a small stream running diagonally through part of it that would be impossible to fence. I had no interest in paying anything to have part of his fence put along about 1/3 of one edge of my back yard. But he brought it up several times. It got to the point that I dreaded seeing him when I went out there. So, having dealt with a sort of similar situation, I'm going to say that any exasperated "fine, build your fence" response you gave him is not the same thing as saying "sure, I will pay for half of your fence, let me know how much I owe you."

Glad you are getting some legal advice.

[former player]

If the law that requires payment of half refers to the "homeowner" then as you are no longer the homeowner it might be that you are off the hook and the person who bought from you is liable.  (This might depend a bit on the sale contract and whether that says anything.)  Definitely needs expert advice on this one.

It might also be that the neighbour is just trying to go after you because they don't want a bad relationship with their new nieghbour.  I don't see why you should pay for that.

[Cassie]

I hope it works out in your favor. The neighbors are jerks.

[Dicey]

@KITEBIKE, what happened?

[Chris Pascale]

Curious to know the outcome. Hopefully you didn't have to pay anything.

The mediator would have likely said to them in advance, "take the thousand."

[KITEBIKE]

Sorry for the late response, we did a zoom mediation which is free and available at most county court houses, I believe. We went over the fence law together and I pointed out that the first sentence in the law states it only applies if you have lived at the home for more than a year, I had not. The neighbor was crying during the zoom meeting and just kept saying she was afraid my kids would fall in the pool of their million dollar home that they can't afford to fence. It was weird she kept threatening to get a lawyer. In the end, I had planned on $1500 on a fence anyhow  so I offered her 1500 and she excepted it. I kinda regret giving these people anything but its over and now they can be angry at someone else.. she told us during the zoom meeting this wasn't their first fence dispute.