Ohio Code § 971.06
Ohio Code § 971.06. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 971.06.
(A) If a partition fence exists between adjoining properties, the owners of the adjoining
properties shall maintain the fence in good repair in equitable shares. If the owners decide to build a new fence, they shall do so in equitable shares
in accordance with this chapter unless the owners enter into an agreement in accordance
with section 971.04 of the Revised Code . (B) The owners of adjoining properties shall build and maintain in good repair a partition
fence in equitable shares in accordance with this chapter if there is evidence that
a partition fence previously existed between the adjoining properties or if either
of the owners of the adjoining properties, or the previous owners of the adjoining
properties, has or had filed an affidavit with the applicable county recorder under section 971.05 of the Revised Code . However, the owners of the adjoining properties are not required to build and maintain
in good repair a partition fence in equitable shares if the owners enter or the previous
owners entered, as applicable, into an agreement in accordance with section 971.04 of the Revised Code . (C)(1) If a partition fence is removed by an owner and not replaced within one year after
removal, the owner who removed the partition fence shall 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 one
year prior to the filing of the affidavit. The affidavit also shall specify the location of the properties and state that the
fence has been removed and not replaced. (2) If an affidavit is filed and a partition fence is rebuilt, the owners of the adjoining
properties shall build and maintain in good repair the new fence in equitable shares
in accordance with this chapter unless the owners enter into an agreement in accordance
with section 971.04 of the Revised Code . (3) If an affidavit is not filed and a partition fence is rebuilt, the owner constructing
the fence shall bear the total costs of building and maintaining it in good repair.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 971.06
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
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What subject does Ohio Revised Code § 971.06 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 971.06 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
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