Ohio Complaint, Petition, or Declaration for Recovery of Possession of Property due to Fence Built by Adjoining Landowner on Plaintiff's Property

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Multi-State
Control #:
US-01637BG
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Description

An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint, Petition, or Declaration for Recovery of Possession of Property due to Fence Built by Adjoining Landowner on Plaintiff's Property
  • Preview Complaint, Petition, or Declaration for Recovery of Possession of Property due to Fence Built by Adjoining Landowner on Plaintiff's Property
  • Preview Complaint, Petition, or Declaration for Recovery of Possession of Property due to Fence Built by Adjoining Landowner on Plaintiff's Property

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FAQ

(A) If an owner chooses to build a partition fence and the owner of adjoining property does not share in the construction of the fence, the owner building the fence, or a contractor hired by the owner, may enter on the adjoining property for no more than ten feet for the length of the fence to build and maintain in ...

The law requires that line fences be maintained by the adjoining landowners in a good and substantial manner and that each landowner bear an equal share of the cost of repair and maintenance.

Landowners must now allow access for a neighbor to build or maintain a line fence. The new law grants rights to a neighbor or his or her contractor to enter upon up to ten feet of the adjoining property to construct and maintain a line fence. The ten foot width runs the entire length of the fence.

The exact amount a building needs to be set back from the property line will vary from one location to another. However, the required setback on the side is typically between 5 ? 10 feet, while the front and back require around 10 ? 20 feet at a minimum.

The Rule of Equitable Shares will apply to some line fences, and adjoining landowners will share ?equitably? in the costs of building and maintaining a fence. Other types of fences will fall under the Rule of Individual Responsibility, and the owner who proposes the fence must construct and maintain the fence.

Section 2737.03 | Motion and affidavit for order of possession of property. Any party to an action involving a claim for the recovery of specific personal property, upon or at any time after commencement of the action, may apply to the court by written motion for an order of possession of the property.

Ohio Revised Code § 971.08 provides a landowner with a ten foot right to access his or her neighbor's property in order to construct a new line fence or to maintain an existing fence.

No person or entity shall cause or permit a public nuisance to be or remain in or upon any structure, premises or other place, of which that person or entity is the owner, lessee, tenant or occupant. (x) Any condition exists which has been declared a public nuisance by common law or the Ohio Revised Code.

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Ohio Complaint, Petition, or Declaration for Recovery of Possession of Property due to Fence Built by Adjoining Landowner on Plaintiff's Property