Kentucky property laws govern backyard fences through deeds that define boundaries, state fence statutes (KRS Chapter 256), and doctrines like adverse possession. Disputes often arise over boundary lines, maintenance sharing, or encroachments, impacting deed rights. Local ordinances or HOAs may add rules, so checking specifics is essential.​
Deed and Boundaries
Deeds establish legal property lines; fences must align with these unless altered by agreement or court. Neighbors can record a division fence agreement with the county clerk for enforceability.​
A survey confirms boundaries before fence building to avoid disputes.​
Fence Laws
Adjoining owners share maintenance costs for division fences once agreed or compelled; KRS 256.030 holds parties liable for trespassing livestock if their section fails.​
Under KRS 256.042, sue before building to force shared farm boundary fence costs; each maintains their half.​
Local rules limit heights (often 6 feet residential) and setbacks.​
Adverse Possession Risks
A fence encroaching for 15 continuous, open, hostile, and exclusive years under KRS 413.020 can lead to title claims via adverse possession. Fences signal “open and notorious” use, as in cases like Newman v. Dwyer.​
With “color of title” (deed mistake), it drops to 7 years, heightening fence dispute urgency.
SOURCES
[1](https://www.nolo.com/legal-encyclopedia/kentucky-laws-neighbor-property-disputes-65232.html)
[2](https://law.justia.com/codes/kentucky/chapter-256/)
[3](https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38469)
[4](https://www.dentonfirm.com/fences-and-livestock/)
[5](https://www.avvo.com/legal-answers/property-line-dispute-in-kentucky–5022025.html)
