Kentucky Laws on Property Disputes Between Neighbors

Do you own property in Kentucky? If so, you doubtless have neighbors, and want to avoid legal disputes with them. Below, you'll find statutory citations and a summary of Kentucky laws on neighbor matters involving trees, fences, and the right to farm.

Kentucky Tree Damage Laws

In Kentucky, if someone damages a tree that's on your property, you can recover up to three times your actual financial damages (usually, what you paid for the tree or what it would cost to replace the tree. To learn what you must prove in order to get actual damages, see When a Neighbor Damages or Destroys Your Tree.) The treble damages applies if the person is cutting down the wood for timber. (See Ky. Rev. Stat. § 364.130.)

Unlike in some states, however, intentionally damaging a tree is not a specified crime in Kentucky (and therefore won't directly result in arrest, jail, fines, and other penalties). Even so, general Kentucky criminal statutes, such as those related to theft or property damage, could still apply, depending on the severity of the damage and other factors. (To learn more about damages and criminal penalties in tree injury cases, see When a Neighbor Damages or Destroys Your Tree.)

Summary of Legal Consequences for
Intentionally Damaging Trees in Kentucky

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. Sometimes even a hedge can act as a boundary. 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 Fences and Neighbors FAQ.

Kentucky law acknowledges that homeowners may come to an agreement about building or repairing their boundary fences and can record their agreement in the local county clerk's office. (Ky. Rev. Stat. § § 256.020.)

There might also be a local ordinance (in your city, county, or town) that sets rules regarding boundary fences. What's more, your homeowners' association (HOA), if you live in a community governed by one, might set rules about fences.

Kentucky Right to Farm Laws

All states, including Kentucky, have enacted laws that exempt farmers and other agricultural operators from complying with ordinary nuisance laws (laws that, for example, restrict noisy activities like operation of heavy machinery during mowing or harvesting or prohibit the use of pesticides and herbicides). 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.

You can find Kentucky's right to farm statute at Ky. Rev. Stat. § 413.072. It protects agricultural operations that have been in existence for more than one year and that were not a nuisance at the outset. (But the protection stops in cases where the farm operation has been negligent.)

To learn more about right to farm statutes, see Buying a Home in the Country: Do Your Rural Neighbors Have the Right to Farm?.

Where to Learn More

For Nolo articles on neighbor disputes involving adverse possessions and easements, see Adverse Possession: When Trespassers Become Property Owners and Property Easements: Overview. To learn more about the property issues covered in this article and other disputes between landowners and neighbors, get Neighbor Law: Fences, Trees, Boundaries & Noise, by the Editors of Nolo.