Early Ohio fence law focused on the control of livestock and cost distribution between farmers, offering little in the way of rules of responsibility for landowners. However, Ohio revised its fence laws in 2008 to provide guidelines for landowners that are relevant for the modern century.

Fences, though creating a boundary for your property, can have a major impact on the properties around you. To avoid fence line disputes with your neighbors or accidentally building an illegal fence, it’s important you have an understanding of the legal nitty-gritty of fence laws in your state.

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What is Ohio’s line fence law?

The new Ohio line fence law or Partition Fence Law went into effect in September 2008. Under this law, a partition fence is defined as a fence placed on the division line between adjacent properties.

This law put an end to the “Rule of Equal Shares” for line fences, wherein landowners shared equal responsibility for the cost of building and maintaining a line fence, except for one situation.

Rules of responsibility

The Partition Fence Law has three rules of responsibility.

Individual Responsibility applies to “new fences,” or fences that were built after September 30, 2008. The landowner who wants the fence has sole responsibility for its building and maintenance. Compensation can be sought from adjoining neighbors if they “use” the fence.

Equitable Shares apply to fences that existed before September 30, 2008. Adjoining landowners share the responsibility of maintaining the fence with the consideration of six fairness factors:

The topography of the property where the fence is or will be located

The presence of streams, creeks, rivers, or other bodies of water on the property

The presence of trees, vines, or other vegetation on the property

The level of risk of trespassers on either property due to the population density surrounding the property or the recreational use of adjoining properties

The importance of marking division lines between the properties

The number and type of livestock that each landowner may contain with the fence

Shared responsibility ranges from 50-50 to 0-100.

The “Rule of Equal Shares,” though largely outlawed with the introduction of the new line fence laws in 2008, continues to apply togovernment fences that were built after September 30, 2008, where an adjacent landowner grazes livestock.

If you need to resolve a line fence dispute, you have the option of bringing the dispute to the court of common pleas or the board of township trustees.

Line fences containing livestock

The Ohio line fence law has specific standards for line fences containing livestock that were constructed after September 30, 2008.

According to

Chapter 971

of Ohio’s Rules and Administrative Rules, all fields and enclosures in which livestock are kept which are bordered by a division line between adjoining properties must be enclosed with a preferred partition fence.

Under the law’s definition, a preferred partition fence includes any of the following:

A woven wire fence of either standard or high tensile wire and topped with one or two strands of barbed wire that is at least 48 inches from the ground

A nonelectric high tensile fence with at least seven strands of wire

A barbed wire, electric, or live fence to which the adjoining landowners agree, in writing

If a partition fence previously existed between the adjoining properties, one or both of the owners may file an affidavit with the county recorder to state that a partition fence existed within two years before filing. The affidavit shall also specify the location of the properties and that the fence has been removed and not replaced.

Once the affidavit has been filed and a partition fence has been rebuilt, the owners of the adjoining properties will abide by the “Rule of Equitable Shares” to build and maintain the new fence in good repair.

If an affidavit is not filed and a partition fence is rebuilt, the owner who constructed the fence must take sole responsibility for the building and maintenance of the fence.

Key Takeaway Fences built after 2008 are the individual responsibility of those that want the fence, while fences built before 2008 abide by the “Rule of Equitable Shares.” Specific rules apply for fences bordering livestock.

MORE:

What’s the difference between a builder and general contractor?

Does Ohio law require fences?

Sometimes, depending on the local ordinance and type of property. Ohio fence law only applies to line fences, as described above.

Line fence laws do not cover:

Properties located in municipalities

Fences between lands organized into lots under Ohio subdivision law

Fences that are required to be constructed by a railroad

Fences are subject to a written and recorded landowner agreement

Land in cities, towns, and municipalities is typically governed by local laws rather than state laws. To find out the specific fence rules for your area, you can refer to zoning laws, building ordinances, and homeowners association covenants.

That said,

Chapter 3701-31

of Ohio’s Administrative Code requires public pools to be enclosed with a fence that will prevent unauthorized entry. Perimeter barriers of pools must meet the following standards:

The fence must be at least four feet tall

All gates or doors must be lockable

Gates or doors must be self-closing and self-latching, with the latching mechanism placed at least 38 inches above the ground

The fence may not have horizontal members on the exterior side that would make climbing easy

Horizontal members used to strengthen the barrier must be at least three and a half feet above the ground

The barrier must not have any openings four inches or larger

Electronic monitoring devices may not be used instead of the required fencing

Any additions, substantial alterations, or replacement of the barrier must conform to the specifications described above

MORE: Does my home insurance cover earthquake damage

How to legally build a fence in Ohio

The first step in building a fence in Ohio is to inform your adjoining neighbor. Though it’s not a legal requirement, many homeowners associations require you to send your neighbor a written notice before construction.

Next, confirm with your local regulations if you need a building permit. In most municipalities, you won’t need a building permit for a fence under six feet or if you’re replacing a fence with similar materials, height, and position.

You are allowed by law to enter up to 10 feet into your adjoining property to build and maintain the fence.

Ohio fence law forbids all barbed wire, hedges, or electrified wire boundary fences on commercial and individual properties unless written consent has been given from an adjoining neighbor. Live fences are also prohibited.

Does homeowners insurance cover fences?

Yes, most standard homeowners insurance policies will cover up to 10% of your dwelling’s coverage limit. Your fence will be protected from the same perils as your house, including hail, fire, and vandalism.

Remember to take photographs of any damages to your fence to submit with your insurance claim.

MORE:

How to choose the right kind of home insurance for you

How to save money on homeowners insurance in Ohio

Depending on factors such as where you live, your credit score, and the size of your home, homeowners insurance in Ohio costs an average annual premium cost of $1,214. However, if you’re interested in shaving a little extra off your insurance bill, download the

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FAQs

Do I need a permit to build a fence in Ohio?

In most municipalities, you won’t need a building permit for a fence under six feet or if you’re replacing a fence with similar materials, height, and position. However, you can confirm if you’ll need a permit by checking your local fence regulations.

Can my neighbor make me pay for a fence in Ohio?

No. According to the rule of Individual Responsibility, if your neighbor is building a new fence, it is their responsibility to pay for its building and maintenance. However, if you benefit from the fence, your neighbor may seek compensation from you.

Can I build an 8-foot fence in Ohio?

You will need a building permit to build any fence that is taller than six feet. Additionally, any privacy fences taller than six feet are subject to setback requirements.

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