Line fences can be a source of real tension for farmers
Line fences on the farm, for as long as I can remember, have been either something for neighbors to lean on when talking about the weather or a source of contention as to who is responsible for maintaining or replacing the fence.
The old standard as to how good the fence should be was “horse high, pig tight and bull strong.” Each landowner took responsibility for the right-side part of the fence as he/she faced it and the neighbor was responsible for the left side. A simple procedure, right? However, as reflected by my own experience, things didn’t always work out that way.
As little farmettes and housing developments began to butt up against pastures, the farmer became more and more responsible for most, if not all, of the line fences. The developments contained no livestock to get out and developers were seldom concerned about the fences present before they moved in. I learned this over 40 years ago when a tree on my side of the fence fell. It was my responsibility to both clean up the tree and repair the fence. Then, when the neighbor’s tree fell on the fence later, it was still my responsibility to clean up the tree and repair the fence.
In 2008, the line fence rules in Ohio were modified. The equal responsibility clause for line fences is now exempt in municipalities, areas laid out in lots according to Ohio subdivision laws and fences along railroads. Disputes over line fence costs and maintenance can be filed with the court of common pleas or the township trustees.
The old standard of “horse high, pig tight and bull strong” is no longer specific enough. Three preferences are listed for a line fence. It can be a woven wire fence of standard or high tensile with two strands of barbed wire at least 48 inches from the ground. It can be a non- electric high tensile fence of at least seven strands. Or, it can be a barbed wire electric or live fence to which both parties agree in writing and file their consent with the county recorder. Also added to the rules is a clause which states that you must grant access of 10 feet to anyone building or maintaining a line fence next to your property.
Line fences can become a source of real tension for farmers and landowners even though there are rules in place to govern their use and construction. They are also an example of another area into which the farmer must expand his/her expertise and add the role of part-time lawyer to that of livestock specialist, veterinarian, mechanic and agronomist in order to do something as seemingly simple as building a fence.
Chuck Bell is a former 4-H Educator for Muskingum County and Farm Bureau member.