Start with the line, not the fence
Every shared-fence question sits downstream of one fact: where the property line runs. There are three ways to answer it, in rising order of cost and authority.
Some owners can identify their own line: original survey pins still in place at the corners, a plat map that matches what's on the ground. If the pins are findable and both neighbors agree on them, that can be enough for a friendly build.
A pin search is the middle step. A surveyor locates the recorded monuments for your corners without re-drawing anything, and it costs a fraction of a full survey.
A full boundary survey is the authoritative option: a licensed surveyor establishes and marks the line, and the result holds up if it is ever questioned.
Our part is narrower than people expect: we build to the line you establish. We cannot establish it for you, and no fence contractor can, whatever their ad copy implies.
What the law says, in plain English
Oregon has an old but living partition fence statute. ORS 96.010 contemplates neighbors splitting the value of a fence that serves both properties, and ORS 96.020 gives a recovery path when a neighbor who benefits from the fence refuses to contribute. Washington's RCW 16.60.020 covers similar ground but is written for agricultural fencing, so its fit for a suburban privacy fence is looser.
The practical takeaway is the same on both sides of the river: for a backyard privacy fence, a written agreement between neighbors beats leaning on statute every time. Statutes exist for when cooperation fails; a decent agreement keeps it from failing in the first place.
And one line we mean sincerely: if you're in an active dispute, talk to a lawyer. We build fences.
Splitting the cost without splitting the neighborhood
The shared builds that go well share a pattern: everything agreed in writing before a post is ordered. The agreement doesn't need a lawyer's letterhead. It needs the essentials in plain words:
- Where the fence goes relative to the line you've established
- What's being built: material, height, style, and who chose it
- How the cost splits, who pays whom, and when
- Who handles future maintenance and repairs
We can help the paperwork along. Ask, and we'll write the quote so it splits cleanly: shared line items separated from work that benefits one side only, like a gate that one household wants.
On style, good-neighbor designs settle the oldest argument in advance. Alternating-panel and board-on-board cedar fence styles look equal from both sides, so nobody spends twenty years staring at the back of somebody else's fence.
If the fence sits over the line
Encroachment is the expensive version of the survey you skipped. A fence built on the neighbor's side of the line, even by inches, is sitting on their property, and they can demand it be moved. That demand can arrive years later, from a new owner with a fresh survey in hand, long after the original neighbors shook on it and forgot.
The protection is cheap by comparison: when in doubt, survey first. Some owners choose to set the fence a few inches inside their own line so there is no question at all, accepting the trade-off that the strip beyond it still belongs to them and still needs mowing. Either way, the time to be certain about the line is before the concrete cures, not after a demand letter shows up.
Who gets the good side
Wood fences have a finished face and a structural face with rails showing, and the question of who looks at which has soured more neighbor relations than money ever has. Most cities leave it to courtesy. West Linn is the local exception: its code requires the finished side to face the neighbor, so there the answer is settled for you.
Where the code is silent, three clean outcomes cover nearly every build. The payer picks, and courtesy usually points the good side outward. The neighbors split the cost, and a good-neighbor style makes both sides the finished side. Or the material decides it: vinyl privacy panels have no bad side at all. Height limits and permit triggers vary city by city too, and our permit rules guide puts all 36 local jurisdictions in one table.