Ohio § 971.16
Full text of Ohio Ohio Revised Code § 971.16, with citation guidance and answers to common questions.
§ 971.16.
(A) An owner may file an action in a court of common pleas of the county in which the
owner resides if the owner of adjoining property neglects to build or maintain in
good repair a partition fence or the portion of a partition fence that the owner is
required to build or maintain. (B) In an action filed under this section, a court shall consider all of the following
when making an assignment of responsibility for building or maintaining in good repair
a partition fence: (1) Whether a partition fence currently exists even if it is in disrepair; (2) Whether there is evidence that a partition fence existed in the past; (3) Whether a written agreement between the owners has been filed with the applicable
county recorder in accordance with section 971.04 of the Revised Code ; (4) Whether an affidavit has been filed with the applicable county recorder in accordance
with section 971.05 , 971.06 , or 971.07 of the Revised Code ; (5) All of the following: (a) The topography of the applicable property; (b) The presence of streams, creeks, rivers, or other bodies of water; (c) The presence of trees, vines, or other vegetation; (d) The level of risk of trespassers on either property due to the population density
surrounding the property or the recreational use of adjoining properties; (e) The importance of marking division lines between the properties; (f) The number and type of livestock owned by either owner that may be contained by the
partition fence. The court shall make an assignment in equitable shares. (C) The court shall assign attorney's fees and court costs in an equitable manner to
the parties.
Frequently Asked Questions About Ohio § 971.16
What does Ohio Revised Code § 971.16 cover?
Section 971.16 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 971.16?
A common citation format is "Ohio Revised Code § 971.16" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 971.16 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.