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

Terms Used In Kentucky Statutes 256.090

  • 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
  • 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
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010

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.

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