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Commission tells resident fence dispute is a private civil matter; county cannot adjudicate
Summary
A resident asked commissioners to determine which neighbor owns which half of a shared fence after livestock repeatedly entered her yard. Commissioners advised that the county cannot resolve private property disputes and suggested a survey or court action if the parties cannot reach agreement.
A resident asked the Bourbon County Commission to determine which neighboring landowner is responsible for maintaining a boundary fence after documenting livestock trespass. The resident said cattle had been on her property for 63 days and asked the county to identify ownership of the fence halves.
Commissioners and staff reviewed local practice and state fence statutes in discussion and told the resident the matter is primarily a private civil dispute. One commissioner summarized county practice: "Appreciate it. It's a private issue that you and your neighbor will have to work out. The county doesn't really have any ability to assist either side if it's a private property issue." The commission noted that when fencing disputes involve crops on both sides or specific statutory fence-view procedures there are limited county roles, but damages and ownership lines typically require a survey or a court.
Why it matters: Fence-viewing and livestock trespass affect daily life and property use in rural areas. The commissioners clarified the county's limited role and pointed residents to civil options if they seek a binding determination.
Next steps and clarifications: Commissioners suggested a property survey if the resident seeks a legal delineation of the boundary. They also noted the county can be involved when county roads or county-owned right-of-way are implicated, but not for private property disputes over fences and damages.
