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Home>Levelset Community>Legal Help>Can you file a lien on a property in Oregon if homeowner refuses to rebuild a fence on his property backing up to mine - and I pay for the new fence?

Can you file a lien on a property in Oregon if homeowner refuses to rebuild a fence on his property backing up to mine - and I pay for the new fence?

OregonMechanics LienPayment Disputes

The homeowner behind my property is refusing to rebuild the fence that fell down between our lots. The fence is on his property, but I may wind up paying for a new fence because his property is a total eyesore!

1 reply

Jun 21, 2018
The short answer here is that solely paying for work to be performed generally doesn't entitle that party to claim a lien against the property where the work was performed.

In Oregon, the following parties are entitled to a construction lien:
- Any person performing labor upon, transporting or furnishing any material to be used in, or renting equipment used in the construction of any improvement (or preparation of property for improvement) shall have a lien upon the improvement;
- A landscape architect, land surveyor or other person who prepares plans, drawings, surveys or specifications that are used for the landscaping or preparation of a lot or parcel of land or who supervises the landscaping or preparation.

So, at a minimum, some work is required - not just paying for the improvement.
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