Notwithstanding any other provision in this chapter, an owner of land as defined in division (D)(2) of section 971.01 of the Revised Code is responsible for fifty per cent of the total cost of building and maintaining in good repair a partition fence between that owner and the owner of adjoining property unless a written agreement has been entered into under section 971.04 of the Revised Code.

Terms Used In Ohio Code 971.071

  • Owner: means both of the following:

    (1) The owner of land in fee simple, of estates for life, of easements, or of rights-of-way while used by the owners thereof as farm outlets;

    (2) Any of the following with regard to any land that it owns, leases, manages, or otherwise controls and that is adjacent to land used to graze livestock:

    (a) The department of natural resources;

    (b) A conservancy district organized under Chapter 6101. See Ohio Code 971.01

  • Partition fence: includes a fence that has been considered a division line between two such properties even though a subsequent land survey indicates that the fence is not located directly on the division line. See Ohio Code 971.01
  • Property: means real and personal property. See Ohio Code 1.59

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