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After, a fence should be built within four months of receiving the notice, whoever is served with a notice, whether the railroad or owner of the adjacent piece of land, should fail to construct the fence within the four months. If the parties choose to document their agreement in writing, the document is entered in the office of the clerk and holds the same weight as a deed. Sometimes people who own adjacent pieces of land may not be obvious and sure of how to divide the privacy fences and who takes responsibility for it. Every railroad is required to construct and maintain a lawful fence on one half of the distance of the division line between the right of way and the adjoining lands. I’ve maintained the property for the entire 17 years. A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. Also, I guess you know that surveys are only so accurate. Possession: When Trespassers Become Property Owners and Easements: The owner of the piece of land needing the installation or replacement is required to file an action in the District Court. A Kentucky fence is also commonly referred to as a wooden horse fence or a paddock fence. .160 Exemptions from KRS 256.100 to 256.170. landowners and neighbors, get Neighbor They are rustic and give a sense of country or Western charm to any landscape or home. The chart below provides a summary of state laws related to property line and fence laws in Kentucky, including links to important code sections. I once owned a 2 acre parcel that when you surveyed from one section line, my property line was 6" to one side but when measured from the other section line, it was 6" the other way. A gate, also four feet tall, made of metal or wood that forms part of the fence IV. … KRS 256.030 and 256.042 shall be cited as the Kentucky Boundary Line Fence Act. For other Nolo articles on neighbor 256.010. Your Neighbor's? Ky. Rev. States vary as to how “farming” is defined and how long the agricultural operation must be in existence in order to get protection under right to farm statutes. .120 Railroad or adjoining owner may require other to erect portion of fence. The main rule of thumb for homeowners to follow when there is an easement on the property line is to avoid building anything, including fences, on said easements. Property lines (approximate) This map was created by a user. To find Kentucky's boundary fence statutes, see the table “Boundary Fence Statutes,” below. Sometimes people who own adjacent pieces of land may not be obvious and sure of how to divide the privacy fences and who takes responsibility for it. Law: Fences, Trees, Boundaries & Noise, by Cora Jordan and Emily Doskow (Nolo). Sometimes even … Through the Kentucky Boundary Line Fence Act, property owners across the Commonwealth who raise livestock, desire fences, and live next to property owners who do not possess livestock and/or do not want fences benefit at the expense of their neighbors. If your state does not have a specific law defining and regulating boundary fences, there might be a local ordinance (in your city, county, or town) that has rules on boundary fences. .150 Railroad to erect cattle guards. Property line and boundary issues are less common than they used to be due to advanced records and fairly defined property lines. A Kentucky fence is a common name for fences used on ranches or along pastures or hay fields. They are shocked to discover that the fence in question may be many feet… CALL NOW (865) 689-6169 To learn more about boundary fences, including how they are defined, when a neighbor is allowed to build a boundary fence, and who is responsible for repairs and maintenance, see Nolo's Fences and Neighbors FAQ. ), Additional Damages and Criminal Penalties forIntentional Damage to Trees in Kentucky, Additional Amount You Can Sue for in Kentucky. Statutes. By the early 20 th Century, many of the state fence laws were struck down. Have owned the property for 18 years. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The situation usually results in boundary disagreements that may be very heated but can however be solved by the following provisions in the State’s Laws: If cattle break through one party’s fence and enter the second’s party’s land, the former is responsible for any damages to the property, crops and other cattle. disputes involving adverse possessions and easements, see Adverse That would take my backyard from 75ft to 59ft. Hire a surveyor to re-survey the property and see where your (updated) lines are. Once the railroad constructs its portion, the other party is required to build the fence on the line for the other half, pay a sum comparable to the price of construction or notify the railroad in writing of defaulting from payment. The situation usually results in boundary disagreements that may be very heated but can however be solved by the following provisions in the State’s Laws: 1. These include the deed, which includes the legal description of your property, and the plat map, which will show an outline of your property … However, in cases where the cattle cross over to land that is not enclosed by a lawful fence, the owner of the cattle is not liable for damages on the first instance but for every other example after that. The file is supposed to describe the boundary line in question, the reason why a replacement or construction is needed, the fencing type that needs to be constructed, whether vegetation or an older fence needs to be removed by experts like a Georgetown fence company, Roark Fencing, and a suggested method to dispose of any material that is removed. 16. Below are the laws and regulations set aside when fencing in the state of Kentucky: By definition of law in the State of Kentucky, a fence shall be considered as: I. I think it is ok, as long as the other party realizes the consequences for crossing POSTED property lines. In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. The publicly recorded documents that can help you find your property lines are typically available online through your local assessor’s office. constructing a boundary line fence between their properties. Some states also list specific things (for example, odor, noise, or dust) that don't constitute a legal nuisance when they're a byproduct of farming or agricultural activity. Kentucky’s fence law requires the cost of construction or replacement of a farm boundary-line fence to be shared by neighboring landowners. Recently the land that was owned by my 2nd cousin was purchased , that being said there's a line fence between us . However, not all disagreements can be avoided. In 1997, the state Superior Court ruled that landowners who do not own livestock are exempt from sharing boundary fence and maintenance costs. § § 256.020 - 256.030 (by agreement), All states have enacted laws that exempt farmers and other agricultural operators from complying with run-of-the-mill nuisance laws -- laws that restrict certain kinds of noisy activity like operation of heavy machinery, or prohibit the use of pesticides, for example. Trees on a Property Line: What Are Your Rights? In the deed Rod signs, he describes and gives up any interest in Janet's property. In Kentucky, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). .140 Owner who erected entire fence may remove half. Fence and Boundary Line Disputes – The Legal Sausage - Brewer … In some states, specific laws allow you to recover additional damages if someone deliberately damages your tree. In cases where the lands of two railways run parallel to each other, the railroad does not have to build any fence along its side next to the other railroad. Stat. (R. at 4). After two breaches by the cattle, the owner of the trespassed land shall have a lien on the cattle. These early fences were known as boundary fences because they marked the line between two properties. How Close to the Property Line Can a Driveway Be? We live in the county in a small town in Kentucky. AcreValue helps you locate parcels, property lines, and ownership information for land online, eliminating the need for plat books. It's common practice to put a fence up 6 inches behind your property line; of which your chain link fence may already be in the right location. Both parties are allowed to co-own the fence dividing their property and take care of maintenance. If the fence line, tree line, driveway or other demarcations have been treated by both sides as the boundary line for at least ten years, that line will be deemed to be the legal boundary even though it differs from the actual surveyed boundary line. In some states, the information on this website may be considered a lawyer referral service. Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. (To learn more about right to farm statutes, see Nolo's article Rural Neighbors and the Right to Farm.). .990 Penalties. The costs that are incurred by the court when removing the fence, removing vegetation and disposing of material divided in half and each landowner caters for their portion. Disputes regarding fence building and tree trimming occur throughout … The fence that is one end of the property was already there when I bought the land. Select State's Laws on Property Disputes Between Neighbors, When a Neighbor Damages or Destroys Your Tree, Adverse If Kentucky does not have such a law, general Kentucky criminal statutes, such as those related to theft or property damage, may still apply. Property owners sometimes mistakenly assume that an existing fence is the same as the property line. The land I own an the property surrounding me has been n my family for at least 3 generations probably more. 2006 Kentucky Revised Statutes - CHAPTER 256 FENCES.010 Definitions..020 Agreement for division fence -- Effect..030 Adjoining owners to maintain fence -- Liability for trespassing cattle..040 Repealed, 1988..042 Action to require construction or replacement of a farm boundary line fence -- Apportionment of cost -- Enforcement of lien. Kentucky Property Line and Fence Laws at a Glance. If the cattle break through the fence for a second time, the costs the owner of the cattle pays are double. - Yard Blogger If you have an updated survey, it's like a photograph and doesn't have any authority, it merely shows one surveyor's opinion on where the property lines should be/are. Your neighbor could hire a surveyor and find that his fence is on his side of the line by 3 1/2 inches! Building a fence on an easement is risky, because the property owner may be ordered to take it down, or find it destroyed by a public utility that has easement access to the property. It, the railroad, is required to be on equal terms and obligations with the landowners owning adjoining lands. To find out whether Kentucky has such a statute, check the table below. There was a fence on the other side and around back of property I put fence up with the fence rolls that was already there. Check the table below to find out if there's a Kentucky criminal statute on causing intentional damage to a tree. A structure that cattle cannot go through III. (To learn what you must prove in order to get actual damages, see Nolo's article When a Neighbor Damages or Destroys Your Tree.) Kentucky Boundary Fence Laws A boundary fence is a fence that is located on or near a property line, though the exact definition can vary by state. Stat. The neighbor had it surveyed an th line jumps back a forwards from side to side , I'm fine with leaving the fence like it is , putting pins where needed that … Even if a property owner acquiesces to the placement of a fence encroaching on his or her property, this does not mean the fence becomes the new property boundary line. I actually have a great stand on the property line as it is the one place the deer cross with consistency for about 200 yards. If the central fencing company or other party does not construct the fence, he or she shall be served by a notice. If you must smoke, please do it with BLACKPOWDER! Rod signs a deed giving any rights to the property on the other side of the fence to Janet, and she signs a comparable deed. The AcreValue Kentucky plat map, sourced from Kentucky tax assessors, indicates the property boundaries for each parcel of land, with information about the landowner, the parcel number, and the total acres. The law of acquiescence is concerned with adjoining property owners, both of whom are mistaken about where the line between their property is. The District Court is the sole body responsible for all actions concerning construction and, or replacement of a farm boundary line. To learn more The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Chumbley, who bought his property in 1977, said he would not have purchased the land if he had known about the law. These are a few of the laws which govern fencing in Kentucky. If a landowner has already put up a fence for the whole distance as opposed to just half the length, and in cases where there was no agreement between the railroad and the landowner, the landowner may choose to hire Georgetown fence company to move half of the fence. A four feet high structure made of hedge, stone, plank or rails II. When you completely understand the law, it is hard to make mistakes when erecting privacy fences around your property. 256.020. Overview. Building your own Kentucky fence is not as difficult as you may think, and is an excellent DIY project. Do Not Sell My Personal Information, Nolo's Essential Guide to Buying Your First Home. However, this can be one only after giving three months’ notice. 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 Builder bought the lot next door, had a survey done. (To learn more about damages and criminal penalties in tree injury cases, see Nolo's article When a Neighbor Damages or Destroys Your Tree. Janet makes out a deed quitclaiming any interest in Rod's property. If the owner of any piece of land gives to the railroad a right of way free of charge, the entire cost of fencing on the division lines solely falls on the railroad. Sometimes even a hedge can act as a boundary. When the involved choose to opt out of sharing, they are both responsible for contacting a central fencing company or installation, keeping separate fences and maintaining them. Learn how to create your own. It means that he shall have possession on the cattle as a means of catering for any further losses incurred in any subsequent trespasses. Roark Fencing, your Georgetown fence company has got you covered! Stat. .170 Parallel railroads need not have fence between them. Both parties are allowed to You can often avoid property line disputes by conducting a survey and thoroughly examining the deed prior to purchase. But, I have not shot across the fence. A railroad may pass through several pieces of land. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. For example, adjoining An eight by six cattle guard, with a two by six pit that forms part of the fence. .130 Railroad to erect entire fence if given right-of-way. The table will also tell you the amount you can sue for (the number is usually represented as a multiple of your actual damages). Possession: When Trespassers Become Property Owners, Homeowners: Taxes, Improvements, and More. All railroads are also responsible for putting up cattle guards at all endpoints of the fences constructed along their lines, except public crossings and where lines are not required to be fenced on both sides. Division Fence Statute (by agreement): Ky. Rev. The Agreed-Boundary Doctrine: Acquiescence in Fence Location Does Not Establish New Property Boundary Line October, 2012 By Ronald L. Richman. He is saying that my fence is over the property line by 16 feet and has to be moved i. You can find Kentucky's right to farm statute in the table below. The attorney listings on this site are paid attorney advertising. about the property issues covered in this article and other disputes between Stray animals may be taken up by any landowner on a lease for not less than three years when finding in his or her property. Read 4 attorney answers. Lawful Fence Statute: Ky. Rev.

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