Ky. Rev. Stat. » Chapter 381
Kentucky Revised Statutes

Ky. Rev. Stat. § 381.231 (2026)

Definitions

✓ current as of May 2026
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(1) A "trespasser" means any person who enters or goes upon the real estate of another without any right, lawful authority or invitation, either expressed or implied, but does not include persons who come within the scope of the "attractive nuisance" doctrine.

(2) An owner of real estate means any person who possesses any interest in real estate or any lawful occupant of real estate, including a burial ground.

(3) "Burial ground" means any public or privately owned parcel of land upon which a person or persons are interred or buried. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 276, sec. 1, effective July 15, 2002. -- Created 1976 Ky. Acts ch. 379, sec. 1.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1984–2024 · leading case: Kirschner v. Louisville Gas & Elec. Co., 743 S.W.2d 840 (Ky. 1988).
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Kirschner v. Louisville Gas & Elec. Co., 743 S.W.2d 840 (Ky. 1988). · cites it 2× “"Trespass" is defined in KRS 381.231(1) as follows: A "trespasser" means any person who enters or goes upon the real estate of another without any right, lawful authority or invitation, either expressed or implied, but does not include persons who come within the scope of the…”
Howard v. Spradlin, 562 S.W.3d 281 (Ky. Ct. App. 2018). “KRS 381.231 defines a "trespasser" as "any person who enters or goes upon the real estate of another without any right, lawful authority or invitation, either expressed or implied[.”
Commonwealth, Nat. Resources & Env't Prot. Cabinet v. Stearns Coal & Lumber Co., 678 S.W.2d 378 (Ky. 1984). · cites it 2× “Here even though the law gave authority for such action by the state, there was no enforcement which deprived Stearns of any valuable right. The only attempts at enforcement were totally thwarted by judicial intervention.”
North Hardin Developers, Inc. v. Corkran Ex Rel. Corkran, 839 S.W.2d 258 (Ky. 1992). · cites it 2× “The issue here is whether horses or other domesticated livestock, without vicious propensities, kept on a farm which is in close proximity to two subdivisions should be considered as an attractive nuisance denying the landowner protection of KRS 381.231 and KRS 381.232. The…”
Dixon v. CSX Transp., Inc., 947 F. Supp. 296 (E.D. Ky. 1996). “KRS 381.231(1) defines a trespasser as: “any person who enters or goes upon the real estate of another without any right, lawful authority or invitation, either express or implied.”
Anthony Sigler v. Jasmine Curtis (Ky. Ct. App. 2020). · cites it 4× “KRS 381.231 defines a “trespasser” as “any person who enters or goes upon the real estate of another without any right, lawful authority or invitation, either expressed or implied[.”
Joanna Smith v. City of Newport (Ky. Ct. App. 2024). · cites it 4× “1997) (“It is beyond challenge that public policy is determined by the constitution and the legislature through the enactment of statutes.”). A “trespasser” is “any person who enters or goes upon the real estate of another without any right, lawful authority or invitation,…”
Bluegrass Materials Co., LLC v. Freeman (W.D. Ky. 2022). “1935); see also KRS 381.231(1) (“A ‘trespasser’ means any person who enters or goes upon the real estate of another without any right, lawful authority or invitation, either expressed or implied .”
Raymond Hayes v. D.C.I. Props.-D. Ky, LLC (Ky. 2018). “” KRS 381.231(1); see Kirschner v. Louisville Gas & Elec.”
— Ky. Rev. Stat. § 381.231(1) — 7 cases
Kirschner v. Louisville Gas & Elec. Co., 743 S.W.2d 840 (Ky. 1988). “"Trespass" is defined in KRS 381.231(1) as follows: A "trespasser" means any person who enters or goes upon the real estate of another without any right, lawful authority or invitation, either expressed or implied, but does not include persons who come within the scope of the…”
North Hardin Developers, Inc. v. Corkran Ex Rel. Corkran, 839 S.W.2d 258 (Ky. 1992). “The issue here is whether horses or other domesticated livestock, without vicious propensities, kept on a farm which is in close proximity to two subdivisions should be considered as an attractive nuisance denying the landowner protection of KRS 381.231 and KRS 381.232. The…”
Dixon v. CSX Transp., Inc., 947 F. Supp. 296 (E.D. Ky. 1996). “KRS 381.231(1) defines a trespasser as: “any person who enters or goes upon the real estate of another without any right, lawful authority or invitation, either express or implied.”
Joanna Smith v. City of Newport (Ky. Ct. App. 2024). “1997) (“It is beyond challenge that public policy is determined by the constitution and the legislature through the enactment of statutes.”). A “trespasser” is “any person who enters or goes upon the real estate of another without any right, lawful authority or invitation,…”
Anthony Sigler v. Jasmine Curtis (Ky. Ct. App. 2020). “KRS 381.231 defines a “trespasser” as “any person who enters or goes upon the real estate of another without any right, lawful authority or invitation, either expressed or implied[.”
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