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fence question
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pupdaddy12003
Posted 9/28/2012 19:57 (#2613570 - in reply to #2613183)
Subject: Re: fence question



NW Central Ohio
..You guys have part of the law right. Of course, I'm reciting the law as it stands in Ohio..so maybe they don't have it stated this way in Ioway. If you are benefitting more than the neighbor by putting up a fence...then it's your cost to pay for the share they are responsible for. Let's just say your fence is up against a neighbor's lawn. You have to stand the cost of the entire fence....unless you can prove that they are benefitting equally from the building of said fence. You might make a case that they are using it to keep their dogs in...or children for that matter...but I doubt any court (or township trustee) is going to buy that.....So what I would do...is approach the neighbor with the project, ask if he is willing to pay for his share...and if not, inform him you will put it up yourself. That means you own the scrap...and you expect him to pay his share if he decides once the fence is up to pasture cattle there again. Put it in writing and split the scrap value if he pays the bill and turns his cattle out there. If not, THEN you have a legal agreement that can be enforced in civil court.
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