Statutory regulation of partition fences exists in many states. Such statutes may require a particular kind of fence and prohibit other kinds of fences, and may establish certain requirements of cooperation between adjoining landowners as to partition fences. Even where statutory regulation exists, adjoining landowners are usually free to execute agreements with respect to fences that are at variance from the requirements of the statutes. If there is no applicable statute, control over the construction and maintenance of fences is usually regulated by agreement between the adjoining landowners.
Ohio Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property
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FAQ
Ohio Revised Code § 971.08 provides a landowner with a ten foot right to access his or her neighbor's property in order to construct a new line fence or to maintain an existing fence.
(A) If an owner chooses to build a partition fence and the owner of adjoining property does not share in the construction of the fence, the owner building the fence, or a contractor hired by the owner, may enter on the adjoining property for no more than ten feet for the length of the fence to build and maintain in ...
Privacy fences over 6 feet in height are regulated as a structure and are subject to setback requirements, including side yards. Fences over 6 feet in height also require a building permit. If considering a fence over 6 feet tall, please call the Zoning Office, 645-8637.
Landowners must now allow access for a neighbor to build or maintain a line fence. The new law grants rights to a neighbor or his or her contractor to enter upon up to ten feet of the adjoining property to construct and maintain a line fence. The ten foot width runs the entire length of the fence.
No person or entity shall cause or permit a public nuisance to be or remain in or upon any structure, premises or other place, of which that person or entity is the owner, lessee, tenant or occupant. (x) Any condition exists which has been declared a public nuisance by common law or the Ohio Revised Code. (Ord. 7935.
In Ohio, a line fence is defined as a fence dividing adjoining lands of different owners. The law requires that line fences be maintained by the adjoining landowners in a good and substantial manner and that each landowner bear an equal share of the cost of repair and maintenance.
If the fence is between the two properties, it's customary to split the costs between the property owners. However, if it's solely on your property or theirs, whoever owns the property the fence is located on should expect to pay the total cost of installation and maintenance.
The Rule of Equitable Shares will apply to some line fences, and adjoining landowners will share ?equitably? in the costs of building and maintaining a fence. Other types of fences will fall under the Rule of Individual Responsibility, and the owner who proposes the fence must construct and maintain the fence.