Montgomery County follows Ohio's partition-fence law. Ohio Revised Code 971.06 requires adjoining owners to maintain an existing line fence in good repair in equitable shares. Cost and maintenance disputes are handled under Chapter 971, often via the township trustees.
When a fence sits on the boundary between two owners, it is a partition (line) fence governed statewide by Ohio Revised Code Chapter 971. Under ORC 971.06, owners of adjoining properties must keep an existing partition fence in good repair, sharing the burden equitably. New partition fences are built in equal cost shares unless the neighbors sign a written agreement under ORC 971.04. If a neighbor refuses to maintain their share, the other owner can seek an assignment and cost recovery through the board of township trustees. These rules apply throughout Montgomery County regardless of city or township.
An owner who fails to maintain their equitable share can be assigned responsibility by the township trustees; unpaid costs may be certified to the county auditor and collected as a lien on the property tax bill (ORC 971.09, 971.11).
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