This is not legal advice, but here are key rules and considerations regarding removing a neighbor’s fence in Ohio:

1. Notice Requirement:

• Ohio Revised Code Section 971.17 requires you to give your neighbor written notice at least 28 days before removing a shared line fence. This notice should specify your intention to remove the fence and the date you plan to do so.

2. Avoiding Trespass:

• Entering your neighbor’s property without permission to remove the fence, even partially, can constitute trespass. This wouldn’t be an issue if the fence is entirely on your property. However, if it’s a shared fence, respecting their property boundaries is crucial.

3. Shared Fence Removal Process:

• If the fence is a shared responsibility, you must follow a specific procedure before removal. This typically involves:
  • Notifying your neighbor: As mentioned earlier, provide written notice at least 28 days prior.
  • Mediation/Agreement: Consider attempting to reach an agreement with your neighbor about the fence’s removal or replacement.
  • Formal Partition: If no agreement is reached, you can file a formal partition action in court. The court will determine the ownership and responsibility for the fence and issue an order for its removal or maintenance.

4. Exceptions and Potential Complexities:

• These are just general rules; exceptions or complexities might arise depending on specific situations. For instance:
  • Easements: If your neighbor has an easement on your property for the fence, they may have the right to keep it.
  • Encroachment: If the fence encroaches on your property, you might have additional rights or procedures to follow.
  • Local Ordinances: Some cities or towns might have specific regulations regarding fence removal.

Recommendation:

Given the potential complexities and legal implications, it’s always strongly advisable to consult with an attorney specializing in property law in Ohio. They can assess your specific situation, advise you on the applicable laws and procedures, and help you navigate the process smoothly while ensuring you comply with all legal requirements.

For more information see:

1. Ohio Revised Code:

• Section 971.17 outlines the notice requirement for removing a shared line fence. You can find the full text of the statute here: https://codes.ohio.gov/ohio-administrative-code/4757

2. Ohio State University Farm Office:

• Ohio’s New Line Fence Law: This fact sheet summarizes the Ohio Revised Code’s provisions on line fences, including the notice requirement for removal. You can access it here: https://farmoffice.osu.edu/our-library/line-fence-law