Ohio § 971.07

§ 971.07.

(A) If a partition fence does not exist between adjoining properties, there is no evidence

that a partition fence previously existed, an affidavit has not been filed with the

applicable county recorder in accordance with section 971.05 or 971.06 of the Revised Code , or a written agreement between the owners of adjoining properties has not been filed

with the applicable county recorder in accordance with section 971.04 of the Revised Code and an owner wants to build a partition fence, that owner shall bear the costs of

building and maintaining in good repair the partition fence.  The owner may file with the applicable county recorder an affidavit that specifies

the costs incurred by the owner to build the partition fence.  Each year after the fence is built, the owner may file with the applicable county

recorder an affidavit that specifies the costs incurred that year by the owner to

maintain the fence in good repair. (B) If an owner of adjoining property that did not assist in bearing the costs of building

and maintaining in good repair a partition fence, or any successor in interest of

the property, subsequently uses the fence to keep livestock enclosed on the property

within thirty years after the fence was built, the owner that built the fence, or

any successor in interest of the property, may file a claim for reimbursement of a

proportionate share of the total cost of building and maintaining in good repair the

partition fence with the owner of the adjoining property or that owner's successor

in interest, provided that an affidavit has been filed under division (A) of this

section.  A reimbursement claimed under this division shall equal the total cost of building

and maintaining the partition fence in good repair minus one-thirtieth of the total

cost multiplied by the number of years, including parts of a year, that are included

in the period beginning on the date on which the affidavit was filed and ending on

the date on which the claim for reimbursement is made.  An owner that receives a claim for reimbursement under this division promptly shall

pay it.  In addition, if necessary, the owners shall modify the partition fence so that it

complies with the standards for preferred partition fences established in this chapter.  The owners shall equally divide the costs of the modification of the partition fence. (C) If the owner of adjoining property, or that owner's successor in interest, fails

to pay the claim for reimbursement of the proportionate share of the total cost of

building and maintaining in good repair the partition fence that was filed under division

(B) of this section, the owner that filed the claim for reimbursement may file an

action in a court of competent jurisdiction to recover not more than the proportionate

share of the total cost of building and maintaining in good repair the partition fence. (D) If the owner of adjoining property, or that owner's successor in interest, pays the

claim for reimbursement filed by the owner that built and maintained in good repair

the partition fence under division (B) of this section or is required to reimburse

that owner by a court under division (C) of this section, the owner of the adjoining

property, or that owner's successor in interest, subsequently is subject to section 971.06 of the Revised Code . (E) If the owner that builds and maintains in good repair a partition fence does not

file an affidavit under division (A) of this section, the owner forfeits the owner's

right to reimbursement from the owner of adjoining property as authorized under this

section.