Ohio Notice to Adjoining Landowner to Repair Partition Fence

State:
Multi-State
Control #:
US-00946BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample notice from one landowner to an adjoining landowner who is refusing or failing to make repairs to a partition fence in accordance with an agreement between the adjoining landowners. This form is for illustrative purposes only. Local statutes must be consulted to determine specific requirements for such a notice.

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FAQ

(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 ...

(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 ...

As a rule, if a fence is not a boundary fence, it must be built at least two feet inside your property line. The best options for building near a neighbor's existing fence are placing the new one right up against the current one or leaving enough space between the fences for someone to mow.

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.

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.

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.

Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

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Ohio Notice to Adjoining Landowner to Repair Partition Fence