Despite the fact that “pumpkin spice” everything is back in stores, it is still summer, and if you’re anything like me, you’re still dealing with weeds. In fact, we have been receiving many questions about noxious weeds lately. This blog post is meant to be a refresher about what you should do if noxious weeds sprout up on your property.
What are noxious weeds?
The Ohio Department of Agriculture (ODA) is in charge of designating “prohibited noxious weeds.” The list may change from time to time, but currently, noxious weeds include:
- Shatter cane (Sorghum bicolor)
- Russian thistle (Salsola Kali var. tenuifolia).
- Johnsongrass (Sorghum halepense ).
- Wild parsnip (Pastinaca sativa).
- Grapevines (Vitis spp.), when growing in groups of one hundred or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years.
- Canada thistle (Cirsium arvense ).
- Poison hemlock (Conium maculatum).
- Cressleaf groundsel (Senecio glabellus).
- Musk thistle (Carduus nutans).
- Purple loosestrife (Lythrum salicaria).
- Mile-A-Minute Weed (Polygonum perfoliatum).
- Giant Hogweed (Heracleum mantegazzianum).
- Apple of Peru (Nicandra physalodes).
- Marestail (Conyza canadensis)
- Kochia (Bassia scoparia).
- Palmer amaranth (Amaranthus palmeri).
- Kudzu (Pueraria montana var. lobata).
- Japanese knotweed (Polygonum cuspidatum).
- Yellow Groove Bamboo (Phyllostachys aureasculata), when the plant has spread from its original premise of planting and is not being maintained.
- Field bindweed (Convolvulus arvensis).
- Heart-podded hoary cress (Lepidium draba sub. draba).
- Hairy whitetop or ballcress Lepidium appelianum).
- Perennial sowthistle (Sonchus arvensis).
- Russian knapweed (Acroptilon repens).
- Leafy spurge (Euphorbia esula).
- Hedge bindweed (Calystegia sepium).
- Serrated tussock (Nassella trichotoma).
- Columbus grass (Sorghum x almum).
- Musk thistle (Carduus nutans).
- Forage Kochia (Bassia prostrata).
- Water Hemp (Amaranthus tuberculatus).
The list of noxious weeds can be found in the Ohio Administrative Code section 901:5-37-01. In addition to this list, Ohio State has a guidebook that will help you identify noxious weeds in Ohio, which is available here. It may be helpful to familiarize yourself with the weeds in the book, so you can be on the lookout for noxious weeds on your property.
When am I responsible for noxious weeds?
The Ohio Revised Code addresses noxious weeds in different parts of the code. When it comes to noxious weeds on the property of private individuals, there are two scenarios that may apply: noxious weeds on private property, and noxious weeds in line fence rows.
Noxious weeds on your property
If your property is located outside of a municipality, a neighbor or another member of the public can inform the township trustees in writing that there are noxious weeds on your property. If this happens, the township trustees must then turn around and notify you about the existence of noxious weeds. After receiving a letter from the trustees, you must either destroy the weeds or show the township trustees why there is no need for doing so. If you do not take one of these actions within five days of the trustees’ notice, the township trustees must cause the weeds to be cut or destroyed, and the county auditor will assess the costs for destroying the weeds against your real property taxes. If your land is in a municipality, similar laws apply, but you would be dealing with the legislative authority, like the city council, instead of township trustees.
What if you rent out your land out to be farmed or otherwise? Are you responsible for noxious weeds on your property in that situation? The answer is probably. The law states that the board of township trustees “shall notify the owner, lessee, agent, or tenant having charge of the land” that they have received information about noxious weeds on the property (emphasis added). Furthermore, the law says that the “person notified” shall cut or destroy the weeds (or have them cut or destroyed). In all likelihood, if you own the land, you are going to be the person who is notified by the trustees about the presence of weeds. If you rent out your property to be farmed or otherwise, you may want to include who is responsible for noxious weeds in the language of the lease.
Noxious weeds in the fence row
The “line fence law” or “partition fence law” in Ohio requires landowners in unincorporated areas to cut all noxious weeds, brush, briers and thistles within four feet and in the corners of a line fence. A line fence (or partition fence) is a fence that is on the boundary line between two properties. If you fail to keep your side of the fence row clear of noxious weeds and other vegetation, Ohio law provides a route for adjacent landowners concerned about the weeds. First, an adjacent landowner must request that you clear the fence row of weeds and must allow you ten days to do so. If the weeds still remain after ten days, the complaining landowner may notify the township trustees of the situation. Then, the township trustees must view the property and determine whether there is sufficient reason to remove weeds and vegetation from the fence row. If they determine that the weeds should be removed, the township trustees may hire someone to clear the fence row. Once again, if this occurs, the county auditor will assess the costs of destruction on your property taxes.
Being aware of noxious weeds is key.
As a landowner, it is really important for you to keep an eye out for noxious weeds on your property. If you keep on top of the weeds, cutting them or otherwise destroying them as they grow, it will certainly make your life a lot easier. You will avoid awkward conversations with neighbors, letters from your township trustees, and extra charges on your property taxes. Additionally, you will help to prevent the harm that noxious weeds may cause to crops, livestock, and ecosystems in general.
To learn more about Ohio’s noxious weed laws, you can access our law bulletin on the subject here. While the bulletin addresses the responsibilities of landowners, it also goes beyond the scope of this blog post, addressing weeds on roadways, railroads, and public lands, as well as how to respond if your neighbor has noxious weeds on their property. Additionally, the bulletin has a helpful section of “frequently asked questions” regarding noxious weeds.
Here at the OSU Extension Farm Office, we get questions about all sorts of topics, but one topic in particular shows up in our inbox rather frequently. Line fence laws regulate those fences, sometimes called partition fences, that are located on a property boundary between adjacent parcels of land. Ohio has had laws on this topic for well over a hundred years, and these laws represent an important piece of history in the development of property rights in our state. While one might hope that by now all the kinks and questions would be resolved, there are still some misunderstandings and gray areas about the law that we grapple with to this day.
In order to help landowners better understand their rights and responsibilities, the OSU Extension Farm Office team has complied a number of resources about Ohio’s line fence laws on our website at farmoffice.osu.edu/our-library/line-fence-law. When the Ohio General Assembly significantly changed the line fence provisions in the Ohio Revised Code in 2008, our director, Peggy Kirk Hall, wrote a number of fact sheets that provide an overview of the changes, summaries of key elements of the law, and also guides for townships.
The Ohio Line Fence Law Fact Sheet provides an in depth look at the 2008 changes. It explains what a line fence is, how costs are allocated, the different types of line fences addressed, special rules for line fences containing livestock, procedures for building a fence, procedures for disputes between neighbors, and more. A shorter summary of that same information is available in the fact sheet titled, A Summary of Ohio’s Line Fence Law.
In addition to the overviews of the law, there are also resources that explain particular aspects of the law more in depth, along with guides for township officials. These include:
- Alternative Landowner Agreements Under Ohio’s Line Fence Law
- Ohio Partition Fence Law: A Procedural Guide for Townships
- Notice of Rights and Responsibilities for Townships
Over the course of the decade following the 2008 changes, a number of questions continued to be asked by landowners across the state, so we compiled a Frequently Asked Questions law bulletin. Instead of only explaining what the law says, this law bulletin takes a question and answer approach that goes through questions associated with scenarios such as:
- My neighbor wants to install a new fence on a never fenced boundary
- My neighbor wants to permanently remove an existing fence
- My neighbor wants to replace an old fence on our property boundary
The FAQ law bulletin also looks at the role of township trustees, and what the law says about fence construction and upkeep.
While these publications cover a lot of information, sometimes we get a new question that has yet to make it into one of our publications. The following represent a few of those questions.
Right to access neighbor’s property applies to fence construction, not removal
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. If the landowner or the landowner’s contractor causes damage to his or her neighbor’s property, the landowner will be liable for that damage, including damage to crops. However, as there is a separate statute for removing a line fence located at Ohio Revised Code § 971.17, the right of access to construct or maintain a fence does not clearly include a right to enter onto a neighbor’s property in order to remove a line fence. Under this statute, a landowner who enters his or her neighbor’s land could be liable for trespass.
Written notice is required prior to removing a fence
Ohio Revised Code § 971.17 requires a property owner to give written notice to his or her neighbor at least 28 days in advance of removing a shared line fence. If a landowner or the landowner’s contractor enters the neighbor’s property to remove a fence without sufficient notice, that could constitute a trespass under Ohio Revised Code § 971.17. This notice requirement is intended to ensure that the landowner has a chance to protest the removal or at least discuss the terms of the removal.
Trees on the property line are the shared property of the neighboring landowners
One thing not specifically addressed in Ohio’s line fence laws is the issue of trees on the property line. Ohio Revised Code § 971.33 requires landowners to keep all fence corners and a four foot strip along the entirety of a fence clear of brush, briers, thistles, and other noxious weeds. However, this statute specifically says that it does not apply to the planting of vines or trees for use. Because these are specifically excluded from this noxious weeds statute, the common law as made by courts will apply.
The common law provides that trees on the property line are owned by both landowners and do not have to be cleared from the fence row. This means that if one landowner wants to remove a tree on the property line, that landowner must seek permission from his or her neighbor. Even though the landowner owns half of the tree, the landowner cannot interfere with his or her neighbor’s property interest in the tree. Without his or her neighbor’s permission, the landowner could be liable for removing the tree or even cutting it in a manner that causes the tree to die. Because of Ohio’s reckless destruction of trees and crops statute in Ohio Revised Code § 901.51, a person who cuts, destroys, or injures a tree located on the land of another could be liable for up to three times the value of the tree.
If you have a question about Ohio’s line fence law, let us know, and we will try to find an answer. Much like we tell students and those who attend our presentations, it is likely that someone else has the same question as you. Stay tuned to the Ag Law Blog for more updates about questions we receive about Ohio’s line fence law.