As you probably already know, since Kentucky was once a part of Virginia, they share a lot in the way their old laws read. So, I thought I would simply post a part of the KY Revised Statute concerning fences and cattle, just for the heck of it (note that a lot of the material dates back to 1780's.)
256.030 Adjoining owners to maintain fence -- Liability for trespassing cattle.
(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, cattle or land the other party may sustain from the
trespassing of cattle 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 cattle 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 cattle pass is a lawful fence.
(3) The party damaged shall have a lien on the cattle, as provided in KRS 256.080.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 1783.
256.040 Repealed, 1988.
Catchline at repeal: Owner may require adjoining owner to erect portion of fence --
Notice -- Erection at expense of other owner -- Lien.
History: Repealed 1988 Ky. Acts ch. 79, sec. 4, effective July 15, 1988. -- Amended
1978 Ky. Acts ch. 384, sec. 385, effective June 17, 1978. -- Amended 1946 Ky. Acts
ch. 47, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 1784.
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. 3, effective July 15, 1988.
256.080 Liability when cattle enter through lawful fence -- Lien on cattle.
If any cattle enter into any land over or through a lawful fence, the owner or manager of
the cattle shall for the first trespass be liable to the owner or occupant of that land for such
damages to his trees, grass, grain, crops, cattle or land as he may have sustained by the
entry of the cattle, and for every subsequent trespass by the cattle of the same owner,
double damages. After giving the owner or manager of the cattle at least five (5) days'
notice, in writing, of the fact of two (2) previous breaches into the same inclosure by the
cattle of the same owner, the owner or occupant of the inclosure shall have a lien on the
cattle to indemnify him on account of any damages sustained by the third or any
subsequent trespasses of those cattle and may enforce his lien by action as in cases of a
mortgage lien.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec.
256.090 Liability when cattle break owner's fence and enter uninclosed land.
If the owner or bailee of cattle has a lawful fence, and his cattle break through or over his
fence and upon the premises of another which are not inclosed by a lawful fence, he shall
not be responsible for the first trespass, but shall be liable for all subsequent trespasses.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 1788.