(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.

Terms Used In Kentucky Statutes 256.030

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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. See Kentucky Statutes 256.010
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • livestock: means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species. See Kentucky Statutes 256.010

(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.

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