Ohio Code § 971.17

Ohio Code § 971.17. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 971.17.

(A) Not fewer than twenty-eight days prior to removing a partition fence, an owner shall

notify the owner of adjoining property in writing that the owner intends to remove

the partition fence.  The notice may be delivered personally or by certified mail, return receipt requested,

to the last known address of the adjoining owner.  If the notice delivered by certified mail is refused or unclaimed, the notice may

be delivered by ordinary mail.  If the notice delivered by ordinary mail is returned for failure of delivery, or

if the address of the adjoining owner is unknown and cannot be ascertained with reasonable

diligence, notice may be served by publication once a week for three consecutive weeks

in a newspaper of general circulation in the county in which the partition fence is

located. (B) If an owner removes a partition fence without notifying the owner of adjoining property

in accordance with division (A) of this section, the owner forfeits the owner's right

to seek reimbursement under section 971.07 of the Revised Code for the construction and maintenance of a new partition fence. (C) An action for trespass by the owner of adjoining property against the owner removing

a partition fence may include a reasonable request for court costs, attorney's fees,

and other litigation costs. (D) No owner shall place any debris accumulated from the removal of a partition fence

on adjoining property without entering into a written agreement with the owner of

the adjoining property.  An adjoining owner who has not entered into a written agreement under this division

shall have a cause of action against the owner that placed debris from the removal

of a partition fence on the adjoining owner's property for the cost of removing that

debris.  Any action against the owner may include any attorney's fees.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 971.17
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

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

What is the source of Ohio Revised Code § 971.17?

The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 971.17 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 § 971.17 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.

Can this page be used as legal advice?

No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.