Line Fence
Line fence law became a major source of confusion and
contention for many rural landowners, as court decisions and
customs muddied the meaning of much of the law. The line
fence laws were updated, effective September 30, 2008. The
result is a set of laws attempting to balance the considerations
of all types of farmers and landowners.
When the line fence law applies
The line fence law applies to any owner
of land in fee simple, an estate for life, an
easement, or a right of way while used by
the owner as a farm outlet.27 The law also
applies to the Ohio Department of Natural
Resources, conservancy districts, and
political subdivisions with a real property
interest in recreational trails, whenever
they own, lease, manage, or control
land that neighbors a landowner with
livestock.28 The law does not otherwise
apply to the state or state agencies.
The line fence law does not apply to
the enclosure of lots within municipal
corporations, the enclosure of adjoining
properties laid out into lots outside
27
28
ORC 971.01(D)(1)
ORC 971.01(D)(2)
of municipal corporations, or fences
required to be constructed by railroads
under ORC 4959.29 The line fence law will
also not apply if the adjoining landowners
enter into a written agreement under
ORC 971.04, or if the fence is not actually
a partition fence.30 A “partition fence”
includes those on a division line, or those
that have historically been considered to
be the division line, even if a subsequent
land survey shows the fence is not directly
on the line.31
Existing Fences For those partition
fences that were in existence prior to the
enactment of the new law (September 30,
29
30
31
5
ORC 971.03(A)-(C)
ORC 971.01(E)
ORC 971.01(E)