Whose Fence is it Anyway? Resolving Problems with Neighbors.

Updated 08/2024.

Disagreements with neighbors can make life pretty uncomfortable in the one place where you and your family want to feel most relaxed. Fence disputes are one common topic of dispute, even here in Portland. Homes here are constructed in pretty tight spaces, making every square inch of a property more valuable, and the situation will become even more uncomfortable.

In 2021, Portland City Council began allowing every lot to become a six-plex. New infill rules allow construction of multi-family units on lots previously restricted to one single-family home. They also allow homes to be built on narrow lots, which has become especially true recently.

Losing even a few inches of land to a neighbor can feel untenable, but other issues like appearance, height, and upkeep are also concerns, not just for aesthetics reasons but also to keep pets and children safe.

This article untangles the Oregon fence laws, local codes, and restrictions that affect fence design and use. We also provide you with practical tips for resolving fence conflicts.

When Fences Turn Contentious

Whether existing homes are being torn down to build new homes or vacant lots are undergoing construction, the boundary between your home and a neighbor may not be as clear as you think. Fence problems can also come up between existing homes, especially when one of those homes changes hands.

As real estate agents, we’ve seen it all, from new neighbors constructing an eight-foot fence without a permit to title searches that find that property boundaries are different from where existing homeowners thought they were. Property boundaries can even change to reflect established fences or other boundaries that have been in place for a decade or more.

With property lines becoming tighter here in Portland, the issue will likely become even more aggravating. So how do you resolve disputes as a buyer or neighbor?

Three Steps to Fence and Boundary Resolutions

We’re not lawyers, but in helping thousands of people buy and sell real estate across the Portland metro area, we’ve become pretty well-versed in the laws around property lines and fences. That said, this article should not be taken as legal advice. Our approach to solving fence and boundary disputes for both fence owners and neighbors can be summed up as follows:

1. Stay Civil
2. Know the law
3. Talk to them
4. Get additional help when you need it

1. Stay Civil

The first step in resolving any conflict with a neighbor, whether future, current, or past, is to eep calm and avoid taking action when feeling hot under the collar. Give the other party the benefit of the doubt that they may have acted without knowing the laws or your preferences. Good fences may make good neighbors, but good neighbors don’t always make good fences.

2. Understand the Rules

There are rules in place in your county, city, or Home Owner’s Association (HOA) if your neighborhood or building has one. Before you talk to your neighbor, familiarize yourself with the applicable rules and regulations.

What are Portland City and County Rules Regarding Fences?

As a general rule, a fence is legal if it is built within an owner’s property or along the property line if it’s a legal partition fence (a fence used by two owners.) For personal fences, setbacks govern how far a fence or other structure can be built from the property line.

A permit in Portland is required if:

● A wood fence is taller than 7 feet.

● A masonry or concrete fence is taller than 4 feet.

● A woven wire or chain-linked fence is taller than 8 feet.

● A fence enclosing a swimming pool. Any swimming pool not totally enclosed by a structure must be enclosed by a barrier or fence at least 4 feet high.

What Are the Homeowners’ Associations (HOAs) Rules About Fences?

HOAs determine their own rules governing fences. If your neighborhood has one, check the organization’s covenants, conditions, and restrictions (CC&Rs) before you build or dispute one. 

Are There Laws Against Ugly Fences?

Unattractive fences are not strictly forbidden, but peeling paint and rotting wood could be considered a code violation. Check with the Portland Bureau of Development Services or the governing body in your area.

Of course, if something about a fence bothers you and there’s no rule on the books about it, it doesn’t hurt to talk to your neighbor anyway.

What are the Rules on Adverse Possession in Portland Real Estate?

When real estate changes hands, a survey may be done that shows a property line in an inconvenient place – like inside the neighbor’s fence. However, discrepancies like these aren’t always because of a “land grab” by the neighbor. A prior owner may have negotiated the fence line with the neighbor for legitimate reasons – perhaps a tree grew along the property line, or the neighbor needed wider access to the side of their house and was willing to give up something else in exchange.

In situations where the property owner was simply unaware that they put their fence too far over into the neighboring lot (which can happen if a survey was done incorrectly, or if they were simply “eyeballing” the property line), Oregon’s law of Adverse Possession applies. This law states that if a property owner (the “averse possessor”) has used and occupied the space they claimed for more than 10 years, and if they were not aware that they were on the neighboring property when they claimed that space, they are allowed to keep it.

Those who wish to reclaim land from neighbors can get a survey done to determine the original property line, but according to Portland-based real estate attorney Phil Querin, “the principles of adverse possession supersede the survey.” If that fence, treeline, or other marker has been in place for more than ten years, the property line will most likely need adjusting to reflect the current use of the land. In Portland, this is accomplished through an application for a property line adjustment, along with a fee.

What About Partition Fences?

If your property or a property you’re considering buying has a fence on the property line, it is a “Partition Fence.” The cost of building and maintaining these fences is required to be split between the neighbors whose property it divides.

When buying a home with a partition fence, find out from the owner what agreement they had with the neighbor. If the fence is in poor condition, recognize that you will be responsible for half the cost of fixing it once you take ownership of the home.

3. Talk to the Neighbor

There are many other issues that may arise around fences and boundary lines, from trimming a neighbor’s tree to building structures right up to the property line. In all cases, the first step is to try to talk with the neighbor. Knowing the fence rules will aid in that discussion. Remember, the more civil the discussion, the better. You may even find there is less of a dispute than you thought or that clarifying the points of contention and any applicable rules will clear up the issue.

4. Get Additional Help

If talking to the neighbor doesn’t help, there are two other ways of handling the issue at this point: mediation and taking legal action. Let’s look at both. 

Mediation

Mediation provides some distinct benefits over taking legal action. Going to court is expensive, time-consuming, and stressful. It also focuses on legal issues without holistically addressing the issue. Lawyers pick sides and draw lines to state their cases before an independent authority that makes the final decision.

A mediation company works beyond legal definitions, opening doors to more discussions and common ground. It shows both parties the realities each one faces to show there isn’t just one way of seeing the issue. It then finds ways for both parties to resolve them.

Some common issues mediators address in fence cases are:

• Security
• Safety for people or animals
• Protection from voyeurs
• Blocking unattractive property
• Noise Blocking
• Sun Blocking
• Boundary definitions
• Spite

In Portland, Neighborhood Mediation Services is the place to start. They can connect you with a trained local mediator to give you tools to solve the issue on your own, or they can set up a mediated conversation with your neighbor.

In Beaverton and parts of Washington County, these services are available for free through the Center for Mediation and Dialogue.

For Gresham and East metropolitan Portland, East County Resolutions is your free source for mediation services.

If your neighbor is unwilling to continue the conversation about your fence or boundary issue, it may be time for legal action.

Taking Legal Action

You can enforce the rules in a few ways. One is to make an official complaint. City and county code violations can be reported on the Portland.gov website. It offers contact information for reporting a range of fence and property line issues and a website to track the progress of a complaint. Once the complaint is received, physical inspections are done, followed by fees and penalties.

If the fence violates HOA rules, the HOA responds according to its CC&Rs. Typically, a written notification requesting the fix is sent to the neighbor. If they refuse to conform, they can be fined and/or sued for compliance. Ignoring these actions can result in a lien against the homeowner’s property.

Another solution is to sue the neighbor directly by taking them to court. For this action, it is best to use a lawyer specializing in real estate law. But again, let’s hope things don’t come to that. Speaking to the neighbor and mediation are the two best places to start.

Have More Portland Real Estate Questions?

We’ve been representing home buyers and sellers in the greater Portland metro area for more than 20 years. If you’re thinking of buying or selling a property in the future, we’d be happy to chat. Reach out to our top 1% sellers agents or buyers agents today, or simply chat with the bot on this site. We’d love to connect today!