29-102. Construction and composition of fences. All fences composed of posts and rails, posts and palings, posts and planks, or palisades, or of stone, or composed of posts and wires, or those composed of turf, shall be at least four feet high. Those composed of rails, commonly called a worm fence, shall be at least four and one-half feet high to the top of the rider, and shall be thoroughly staked and ridered, or if not staked and ridered shall have the corners locked with strong rails, stakes or posts. Those composed of stone shall be at least 18 inches wide at the bottom and 12 inches wide at the top. Those composed of turf shall be thoroughly staked and ridered, and shall have a ditch on the outside not less than two feet wide at the top and three feet deep. With respect to all fences composed of rails or lumber, the bottom rail, board or plank shall not be more than two feet from the ground. All such fences shall be substantially built and sufficiently close to prevent domestic animals, other than cats and dogs from going through. All hedge fences shall be of such height and thickness as will be sufficient to enclose domestic animals other than cats and dogs.
History: G.S. 1868, ch. 40, § 2; L. 1873, ch. 88, § 1; R.S. 1923, 29-102; L. 1986, ch. 195, § 3; July 1.
Source or prior law:
L. 1865, ch. 42, § 1.
Cross References to Related Sections:
Legal barbed-wire fence, see 29-105.
Attorney General's Opinions:
Legal enclosures; legal and sufficient fences. 85-54.
Enclosure of domestic animals. 87-28.
CASE ANNOTATIONS
1. Railroad company not required to maintain a hog-tight fence; company may not be liable even when no lawful fence. A.T. & S.F. Rld. Co. v. Yates, 21 Kan. 613, 621.
2. "Post and plank" fence insufficient unless four feet high. Prather v. Reeve, 23 Kan. 627, 631.
3. Where lawful fence would not have excluded hogs, no liability. Leebrick v. R.V. & S. Rld. Co., 41 Kan. 756, 757, 21 P. 796.
4. Nature of fence required where hogs lawfully run at large; no fence and animal killed, railroad company prima facie liable. Mo. Pac. Rly. Co. v. Baxter, 45 Kan. 520, 522, 26 P. 49.
5. When bull not running at large; grazing on adjoining farm. Mo. Pac. Rly. Co. v. Shumaker, 46 Kan. 769, 771, 772, 27 P. 126.
6. Requirements of hedge fence to constitute legal fence considered. Griffith v. Carrothers, 86 Kan. 93, 94, 119 P. 548.
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