2006 Ohio Revised Code - 971.25. Construction and maintenance of water gate.

§ 971.25. Construction and maintenance of water gate.
 

When the division line of adjacent landowners crosses a stream of water, through which it is impracticable to construct and maintain a partition fence, there shall be constructed and maintained a water gate on the division line of the adjacent landowners across such stream, that will turn livestock, and such water gate shall be built, kept up, and maintained in good repair in equal shares unless otherwise agreed upon by them in writing and witnessed by two persons. If either of the adjacent landowners neglects to build, keep up, and maintain such water gate or cannot agree upon the division of the same that each shall build, keep up, and maintain, the board of township trustees shall proceed to assign the portion of such water gate each shall build, keep up, and maintain, the same as if such water gate was a partition fence between adjacent owners. This chapter, applicable to the building, keeping up, and maintaining of partition fences, shall be applicable to this section, and for determining the liability of such adjacent landowners by reason of trespass of domestic animals upon the lands of the other, such water gate shall be a partition fence. 
 

HISTORY: GC § 5931-1; 106 v 205; Bureau of Code Revision, 10-1-53; 142 v H 240. Eff 6-29-88.