{"data":{"id":"us-ky/krs-256.042","jurisdiction":"us-ky","citation":"KRS 256.042","heading":"Action to require construction or replacement of a farm boundary line","body":"fence -- Apportionment of cost -- Enforcement of lien.\n(1) The District Court shall have exclusive jurisdiction over all actions arising under\nthis section or KRS 256.030.\n(2) The owner of a parcel of real estate used for agricultural purposes may file an action\nin the District Court to require the initial construction or replacement of a boundary\nline fence or any portion thereof on the boundary between any parcel of real estate\nadjacent to the real estate of the plaintiff.\n(3) The complaint shall describe the boundary line which is the subject of the action;\nthe use of or the use to which the plaintiff's real estate is to be put; the specific\nreason that an initial or replacement fe nce is needed; the type of fence and fence\nconstruction that is proposed; whether an existing fence is to be removed; whether\nvegetation or growth must be removed in order to carry out the construction; the\nmethod proposed for removal; and the proposed dis position of the material that is\nremoved.\n(4) The court shall determine if the existing fence is adequate or if no fence exists. If\nthe court finds the existing fence is inadequate or no fence exists, the court shall\norder the construction of a new fence and shall find and order:\n(a) The type of fence to be constructed based upon the use or proposed use of the\nreal estate. Any permanent type of fence construction commonly accepted in\nthe area may be ordered;\n(b) If necessary, the removal of vegetation and g rowth from the boundary line or\nfence row in order to efficiently construct the fence, and the method of\nremoval, including mechanical means;\n(c) Disposition or piling of the removed material;\n(d) Apportionment of the cost of the removal of the existing fence, the removal of\ngrowth and vegetation and the cost of the construction of the new fence,\nbetween the landowners, which shall be one -half (1/2) to each landowner\nunless the court determines such apportionment to be unconscionable.\n(5) The court shall gr ant the defendant a reasonable time after its order in which to\ncomply with its judgment by constructing a fence in accordance with its order on\nthe defendant's portion of the common boundary. If the defendant fails to comply,\nthe court shall authorize the  plaintiff to carry out the terms of its order and the\ndefendant's portion of the cost pursuant to the order shall constitute a lien on the\ndefendant's property and shall bear interest at the legal rate.\n(6) In all instances for purposes of maintenance of or construction of a fence on a\ncommon boundary line, the boundary line shall be divided between the parties and\neach landowner's portion shall be determined by assigning to him that portion of the\nboundary line which is on the right when facing the boundary from that landowner's\nreal estate.\n(7) The lien provided herein may be enforced in the Circuit Court according to law if\nthe defendant fails to satisfy the costs of the fence within sixty (60) days of the\nDistrict Court's order.","path":["KRS Chapter 256"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=12324","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:05Z","sha256":"6f620fe64969c4e267fc84578fc76c7b1e982ad6cc95534b63a9805bdf7078a3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-256.040","next":"us-ky/krs-256.045"},"notice":"GroundRules: Original legal text. Not legal advice."}