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How to legally install a fence if your neighbor's land sits higher than yours?

Beaverton, OR |

Hello, My neighbor's property sits about 2 feet higher than mine, this allows her to peer over the fence without obstruction. On my side, my fence is about 5 1/2 ft while on her side it is only 4 ft. Can we build the fence up, (make it taller) over 6 ft if it doesn't reach 6 ft on her side?

Attorney Answers 1


The problem with answering your question is land use/zoning laws and codes vary by municipality and even by neighborhood when restrictive covenants are in play. It would be worth looking into whether the properties in your neighborhood have such restrictions. Beaverton does require a building permit when erecting any fence higher than 6'. What this likely means for you is you may be able to build it higher than 6', but it is going to require some pre-approval. I've included a link you may find helpful in navigating the building permit process in Beaverton. Hope that gets you moving in the right direction!

Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. Bryan M. Donahue, DeShaw Trial Lawyers, 805 SW Broadway, Suite 2540, Portland, OR 97205 | Telephone: 503-227-1233 | Facsimile: 503-227-2489 | Email: | Online:

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