Effective: September 30, 2008
Latest Legislation: House Bill 323 - 127th General Assembly
(A) If there is evidence that a partition fence previously existed between the adjoining properties of two owners, one of the owners, or both, may file an affidavit with the applicable county recorder to be placed in the partition fence record established under section 971.15 of the Revised Code stating that a partition fence existed between the adjoining properties within two years prior to the filing of the affidavit. The affidavit also shall specify the location of the properties and that the fence has been removed and not replaced. The affidavit shall be filed no later than one year after the effective date of this section.
(B) If an affidavit is filed under this section, section 971.06 of the Revised Code applies.
(C) If an affidavit is not filed under this section, section 971.07 of the Revised Code applies.
Structure Ohio Revised Code
Title 9 | Agriculture-Animals-Fences
Section 971.01 | Owner Defined.
Section 971.02 | Preferred Partition Fence for Livestock Enclosures.
Section 971.03 | Application of Chapter.
Section 971.04 | Alternative Fence Agreement Between Owners.
Section 971.05 | Affidavit Concerning Previous Partition Fence.
Section 971.06 | Responsibility for Maintaining Existing Fence - Removal.
Section 971.07 | Responsibility for New Partition Fence - Reimbursement.
Section 971.071 | Allocation of Fence Costs Between Property Owners.
Section 971.08 | Entry Onto Adjoining Property to Maintain Fence.
Section 971.09 | Action for Costs of Maintaining Fence.
Section 971.10 | Costs for Making Assignment.
Section 971.11 | Collection of Tax.
Section 971.12 | Partition Fences - Failure to Comply With Assignment.
Section 971.13 | Costs for Building Fences.
Section 971.14 | Duties of County Auditor.
Section 971.15 | Partition Fence Records.
Section 971.16 | Action for Failure to Build or Maintain Partition Fence.
Section 971.17 | Notification of Removal.
Section 971.18 | Negligently Permitting Livestock to Run at Large.
Section 971.33 | Cutting of Noxious Weeds.
Section 971.34 | Notice to Landowner Failing to Cut Noxious Weeds.
Section 971.35 | Cost - Collection and Payment.