Who pays for the fence under Ohio law?
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Who pays for the fence under Ohio law?

| Apr 16, 2020 | Uncategorized |

Are you wondering who is responsible for the fence that separates your property from your neighbors? Don’t worry, Ohio laws make it clear who is responsible for the fence.

You can resolve your Ohio fence line disputes by seeing which of these three rules apply to your situation:

  • Equal shares rule: This was the norm until 2008 when Ohio fence laws were changed. The law says if you keep livestock on one side of a fence you should pay an equal share for the cost and maintenance of the fence with your neighbor. Nowadays, it only applies in certain cases: if the fence belongs to, or is controlled by, certain government organizations. The organizations are usually to do with conservation or outdoor leisure.
  • Equitable shares rule: This applies when a fence line existed before the 2008 fence law. There are various ways to prove a fence line existed. If this rule applies, you and your neighbor each pay part of the costs of the fence. How much each of you pays is determined by several factors; the idea is to make it fair for both parties.
  • Individual responsibility rule: This applies to new fences built since the 2008 law, where there was no previous fence line. If you want to build a fence, you pay for it and you pay to maintain it.

Life is too short to be arguing with your neighbor about a fence. If you have a fence dispute, a real estate attorney can help you settle it.