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by Lynn Snyder

Farmers have lived by the saying, "Good fences make good neighbors." But in recent years, not all neighbors have agreed that sharing the costs of fences was something they should do.

Ohio Farm Bureau Federation (OFBF) commissioned a task force to look at Ohio’s 100- year-old line fence law and come up with revisions and suggestions that make sense for the 21^st century.

The task force issued its recommendations in a report that was shared with the OFBF board of trustees at its June meeting. The recommendations now are on their way to the state policy development committee; county Farm Bureaus can expect copies of the report sometime in late July. The recommendations also will be shared with other groups and organizations that have an interest in the issue.

According to Larry Gearhardt, OFBF director of local affairs, recommendations differentiate between an existing fence, a new fence and fences that were once in existence. If there is a fence currently in existence, no matter what condition, the current law will apply, with the change that costs will be shared equitably rather than equally. If there is no fence currently on the property, but there was a fence in the past, the landowner must file an affidavit with the county recorder evidencing that fact. If there is no fence or affidavit, the person requesting the fence must pay all the costs of the fence. If a neighboring landowner subsequently puts livestock against a fence, he or she must contribute 50 percent of the cost of the fence.

• The task force’s recommendations attempt to make the role of township trustees in a line fence dispute easier. Trustees’ involvement is to determine if there is a fence present and if not, if there is an affidavit on file. Trustees are provided a list of factors to make an assessment of the situation and are authorized to make an equitable ruling instead of an equal ruling.

• The task force would like the law to be written in a way the makes going to court a last resort. Arbitration is the preferred method of dispute resolution. Prior to filing a private civil action to appeal the decision of the Board of Township Trustees, a dispute should be submitted to an arbitrator. Both parties involved in the dispute will pay the arbitrator’s costs proportionately. If agreement still can’t be reached, then the complaining parties may file a civil action.

• The task force set parameters for what constitutes a legal fence: Woven wire fence, either standard or high tensile, with one or two strands of barbed wire located not less than 48 inches from the ground or nonelectric high tensile fence of at least seven strands or more. Fences should be constructed to Natural Resources Conservation Service standards.

• The task force would like Ohio’s law to reflect that it is the responsibility of the owner to clear the fencerow.

• A person cannot remove a fence without giving the adjoining landowner two weeks notice. If notice is not given, the adjoining landowner is absolved from any responsibility to share the cost of a new fence.

• After clearing a fencerow, a person is not permitted to dispose of debris on the adjoining landowners’ side of the fence unless written permission is obtained.

"Again, these are just recommendations from the task force. These items will need to be reviewed by the OFBF state policy development committee and voted on by delegates at the annual meeting before we can proceed with our efforts with legislators," Gearhardt said.