FENCES

KRS tit. XXI, ch. 256

in effect

KRS 256.010 Definitions

256.010. Definitions (1) "Lawful fence" means: (a) A strong and sound fence, four (4) feet high, so close that cattle cannot creep through, made of rails, or plank, or wire and plank, or iron, or hedge, or stone or brick; or (b) A ditch three (3) feet deep and three (3) feet broad, with a hedge two (2) feet high or a rail, plank, stone, smooth or barbed wire or brick fence two and one-half (2 1/2) feet high on the margin of the ditch, if the fence is so close that cattle cannot creep through; or (c) A well-constructed gate four (4) feet high so close that cattle cannot creep through, made of wood slats and wood framing or made of metal slats and framing either or both, forming a part of a fence otherwise lawful and entering upon a public road or highway or entering upon a private or public road or passway over the land of another adjacent owner; or (d) A cattle guard not less than eight (8) feet wide and not less than six (6) feet across with a pit not less than two (2) feet six (6) inches deep with iron pipes not less than two (2) nor more than six (6) inches in diameter, iron rails or wooden rails not less than two (2) nor more than four (4) inches across the surface exposed to traffic, and not less than five (5) inches apart, constituting a part of a fence otherwise lawful and entering upon a public road or highway or entering upon a private or public road or passway over the land of another adjacent landowner. Provided, however, the definition or description of a lawful fence or cattle guard in this paragraph (d) shall not apply to the term "cattle guard" as used in KRS 256.150. (2) As used in this chapter, unless the context requires otherwise, "railroad" means the person who owns a right-of-way and owns or controls a railroad in this state that has been in operation for five (5) years. (3) As used in this chapter, unless the context requires otherwise, "livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 129, sec. 22, effective June 29, 2017. -- Amended 1944 Ky. Acts ch. 70, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1780.

KRS 256.020 Agreement for division fence -- Effect

256.020. Agreement for division fence -- Effect (1) Persons owning adjoining lands may agree to erect division fences between them and keep them in repair. (2) If the agreement is reduced to writing, signed by the parties to it and acknowledged or proven, as deeds are required to be, it may be entered of record in the office of the county clerk of the county in which the land is situated, and shall have the same effect as a deed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1782.

KRS 256.030 Adjoining owners to maintain fence -- Liability for trespassing livestock

256.030. Adjoining owners to maintain fence -- Liability for trespassing livestock (1) When a division fence exists by agreement, acquiescence or compulsion, under this section or KRS 256.042, each party shall keep a lawful fence on his portion of the line. If one party fails to do so, the person failing shall be liable for all the damages to trees, grass, grain, crops, livestock or land the other party may sustain from the trespassing of livestock over the division fence at the point at which the party failing was bound to keep in repair. (2) Either party to a division fence shall be liable for damages in case his or her livestock break through or pass over the fence at any point the other party is bound to keep in repair, only if the fence through which the livestock pass is a lawful fence. (3) The party damaged shall have a lien on the livestock, as provided in KRS 256.080. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 129, sec. 23, effective June 29, 2017. -- Amended 1988 Ky. Acts ch. 79, sec. 2, effective July 15, 1988. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1783.

KRS 256.042 Action to require construction or replacement of a farm boundary line fence -- Apportionment of cost -- Enforcement of lien

256.042. Action to require construction or replacement of a farm boundary line fence -- Apportionment of cost -- Enforcement of lien (1) The District Court shall have exclusive jurisdiction over all actions arising under this section or KRS 256.030. (2) The owner of a parcel of real estate used for agricultural purposes may file an action in the District Court to require the initial construction or replacement of a boundary line fence or any portion thereof on the boundary between any parcel of real estate adjacent to the real estate of the plaintiff. (3) The complaint shall describe the boundary line which is the subject of the action; the use of or the use to which the plaintiff's real estate is to be put; the specific reason that an initial or replacement fence is needed; the type of fence and fence construction that is proposed; whether an existing fence is to be removed; whether vegetation or growth must be removed in order to carry out the construction; the method proposed for removal; and the proposed disposition of the material that is removed. (4) The court shall determine if the existing fence is adequate or if no fence exists. If the court finds the existing fence is inadequate or no fence exists, the court shall order the construction of a new fence and shall find and order: (a) The type of fence to be constructed based upon the use or proposed use of the real estate. Any permanent type of fence construction commonly accepted in the area may be ordered; (b) If necessary, the removal of vegetation and growth from the boundary line or fence row in order to efficiently construct the fence, and the method of removal, including mechanical means; (c) Disposition or piling of the removed material; (d) Apportionment of the cost of the removal of the existing fence, the removal of growth and vegetation and the cost of the construction of the new fence, between the landowners, which shall be one-half (1/2) to each landowner unless the court determines such apportionment to be unconscionable. (5) The court shall grant the defendant a reasonable time after its order in which to comply with its judgment by constructing a fence in accordance with its order on the defendant's portion of the common boundary. If the defendant fails to comply, the court shall authorize the plaintiff to carry out the terms of its order and the defendant's portion of the cost pursuant to the order shall constitute a lien on the defendant's property and shall bear interest at the legal rate. (6) In all instances for purposes of maintenance of or construction of a fence on a common boundary line, the boundary line shall be divided between the parties and each landowner's portion shall be determined by assigning to him that portion of the boundary line which is on the right when facing the boundary from that landowner's real estate. (7) The lien provided herein may be enforced in the Circuit Court according to law if the defendant fails to satisfy the costs of the fence within sixty (60) days of the District Court's order. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 79, sec. 1, effective July 15, 1988.

KRS 256.045 Short title

256.045. Short title KRS 256.030 and 256.042 shall be cited as the Kentucky Boundary Line Fence Act. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 79, sec. 3, effective July 15, 1988.

KRS 256.080 Liability when livestock enter through lawful fence -- Lien on livestock

256.080. Liability when livestock enter through lawful fence -- Lien on livestock If any livestock enter into any land over or through a lawful fence, the owner or manager of the livestock shall for the first trespass be liable to the owner or occupant of that land for damages to his or her trees, grass, grain, crops, livestock or land as he or she may have sustained by the entry of the livestock, and for every subsequent trespass by the livestock of the same owner, double damages. After giving the owner or manager of the livestock at least five (5) days' notice, in writing, of the fact of two (2) previous breaches into the same enclosure by the livestock of the same owner, the owner or occupant of the enclosure shall have a lien on the livestock to indemnify him or her on account of any damages sustained by the third or any subsequent trespasses of those livestock and may enforce his or her lien by action as in cases of a mortgage lien. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 129, sec. 24, effective June 29, 2017. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1781.

KRS 256.090 Liability when livestock break owner's fence and enter uninclosed land

256.090. Liability when livestock break owner's fence and enter uninclosed land If the owner or bailee of livestock has a lawful fence, and his or her livestock break through or over the fence and upon the premises of another which are not enclosed by a lawful fence, he or she shall not be responsible for the first trespass, but shall be liable for all subsequent trespasses. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 129, sec. 25, effective June 29, 2017. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1788.

KRS 256.100 Railroad treated as other landowners, in respect to fences

256.100. Railroad treated as other landowners, in respect to fences A railroad shall be on equal terms and obligations with other landowners owning adjoining lands in this state. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1789.

KRS 256.110 Railroad and adjoining owner to maintain fence

256.110. Railroad and adjoining owner to maintain fence Except as otherwise provided in KRS 256.130, 256.160 and 256.170, every railroad shall construct and maintain a good lawful fence on one-half (1/2) of the distance of the division line between its right-of-way and the adjoining lands, and every owner of lands adjoining the right-of-way of the railroad shall construct and maintain a good lawful fence on one-half (1/2) of the distance of the division between those lands and the right- of-way. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1790.

KRS 256.120 Railroad or adjoining owner may require other to erect portion of fence

256.120. Railroad or adjoining owner may require other to erect portion of fence (1) When a railroad or the owner of lands adjoining the railroad right-of-way constructs a good lawful fence on the division line between the right-of-way and the lands adjoining the right-of-way for one-half (1/2) the length of the line, and the other party has not constructed the fence on the line for half the length, nor has paid a sum sufficient to construct the fence, or any sum by agreement in lieu of such a sum, the party who has constructed the fence shall, in writing, notify the party in default of the length of the division line between them, and that the party serving the notice has constructed a good lawful fence on the division line for one-half (1/2) the length. (2) The party on whom the notice is served shall construct a good lawful fence on the other half of the distance of the division line, within four (4) months after the date of receiving the notice. Where the railroad is in default, notice may be served on the nearest station agent of the railroad. (3) No person upon whom the notice has been served shall fail to construct the fence within the time prescribed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1791.

KRS 256.130 Railroad to erect entire fence if given right-of-way

256.130. Railroad to erect entire fence if given right-of-way When the owner of any lands, or any immediate or remote grantor or vendor of the owner, has given to a railroad, after February 25, 1893, a right-of-way through the lands free of charge, the entire fencing on the division lines between such lands and the right- of-way of the railroad shall be done by and at the cost of the railroad. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1797.

KRS 256.140 Owner who erected entire fence may remove half

256.140. Owner who erected entire fence may remove half Any landowner who has already erected a lawful fence along the whole distance of the division line between his land and the right-of-way of a railroad may, in the absence of any agreement to the contrary, move one-half (1/2) of the fence, after giving three (3) months' notice to the railroad of his intention to move one-half (1/2) of the fence. Notice shall be served on the nearest station agent. The landowner shall not, in removing such part of his fence, cause the railroad to erect watergaps or erect fences at points where the grade of the roadbed is of such character as may render fencing unnecessary. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1794.

KRS 256.150 Railroad to erect cattle guards

256.150. Railroad to erect cattle guards All railroads shall erect and maintain cattle guards at all terminal points of fences constructed along their lines, except at points where the lines are not required to be fenced on both sides, and at public crossings. Where there is a private passway across the railroad, the landowner for whose benefit the passway is kept open shall bear one-half (1/2) of the expense of cattle guards and gates, and shall erect the gates. The railroad shall erect the cattle guards. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1793.

KRS 256.160 Exemptions from KRS 256.100 to 256.170

256.160. Exemptions from KRS 256.100 to 256.170 KRS 256.100 to 256.170 shall not: (1) Apply in any case where any railroad has furnished the material to construct a fence or condemned its right-of-way, and paid the owner or his vendor damages, in the estimation of which the cost of fencing was taken into consideration; (2) Apply to land where the owner or his vendor has received compensation for fencing; (3) Require the railroad to build any fence along the line through any town or city or across any public or private passway; nor (4) Require the railroad to construct fences through unimproved lands until the owner of those lands has previously inclosed those lands on three (3) sides with sufficient fences or unless that land is so inclosed with fences and a river, creek, bluff or other natural barrier as to prevent the egress of stock. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1792. 1796.

KRS 256.170 Parallel railroads need not have fence between them

256.170. Parallel railroads need not have fence between them Where the lands or rights-of-way of two (2) railroads adjoin and run parallel with no tillable or grazing lands between their rights-of-way, the railroad need not build any fence along its side next to the other railroad, unless the other railroad has first built its half along the division line. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1799.

KRS 256.990 Penalties

256.990. Penalties Any person who violates subsection (3) of KRS 256.120 shall be fined one dollar ($1) for each day, after the expiration of the time in which the fence should have been constructed, until the fence is constructed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1791.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38469Fetched: 10/20/2026