Line fence law in Ohio

They say good fences make good neighbors, but who is responsible for building and maintaining that fence? Previously, this question was a major source of contention for rural landowners as court decisions and customs created confusion about the meaning of much of the fence line law. Now, thanks to an update to the law in 2008, owners of property outside of a municipality that has not been laid out in lots have a clearer picture of their fence line rights and responsibilities. Here are five reminders about Ohio’s fence laws:

  1. Partition fences that were in existence prior to the new law (Sept. 30, 2008) must be maintained in equitable shares between adjoining landowners. An “equitable” share of maintenance does not necessarily mean a 50/50 share; rather, an “equitable” share is determined by considering a collection of factors about the fence’s use and location. 
  2. A landowner that builds a fence in a location where there was no previously existing fence will be solely responsible for the cost and maintenance of that fence. If the neighboring landowner should ever place livestock against the fence they could be responsible for a proportionate share of the cost of building and maintaining the fence. Fence builders should make a record of the cost of building and maintaining the fence and file an affidavit with the county recorder evidencing that amount to ensure they can collect the adjoining landowners share of costs. 
  3. Adjoining landowners are free to enter into their own agreement arranging the share in responsibilities of construction and maintenance of a fence. These agreements need to be evidenced in writing and can be recorded with the county recorder, making it binding on the two parties and any successors. 
  4. Landowners that build a new fence without the assistance of the adjoining landowner may enter the property up to 10 feet for the length of the fence in order to build and maintain the fence. It is illegal to interfere with or obstruct anyone who is lawfully engaged in building or maintaining a fence. That being said, fence builders will still be liable for any property damage they cause, including damage to crops and trees. 
  5. Landowner that wish to remove a partition fence must first give the adjoining landowner a 28-day notice in writing. Failure to provide proper notice can result in a forfeiture of a claim for reimbursement for maintenance and even liability for damages if the adjoining landowner has a property interest in the fence. 

Line fence laws are covered extensively in the Ohio Landowner Toolkit, a benefit to Farm Bureau members. Learn more

 

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