Fence Line Act: ABELL V. REYNOLDS (COA; 3/31/2006)

ABELL V. REYNOLDS
PROPERTY – Real estate (boundary line dispute) and jurisdiction
2005-CA-001144
PUBLISHED
VACATING AND REMANDING; MILLER
DATE:  3/31/2006

The circuit court did not have jurisdiction over this dispute since the Kentucky Boundary Line Fence Act ( KRS 256.030 and KRS 256.042) vests jurisdiction in the district court, to wit:  KRS 256.042 provides that “[t]he District Court shall have exclusive jurisdiction over all actions arising under this section or KRS 256.030.”  Hence, jurisdiction over claims arising under the Fence Act are vested exclusively in the district court.