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Old 08-06-2015, 08:16 AM
 
Location: Middle Tennessee, rural area
3 posts, read 4,817 times
Reputation: 10

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Thanks for all the input on my problems. I appreciate what all of you had to say. I've pretty much decided another dog wouldn't help that much, even if I could get it to stay in the yard. I also just found out (landlord's wife talks a lot) that they ran out of hay from last harvest and stopped "feeding" because "hay is just too high." That explains all the marauding. He's been haying several properties they have elsewhere to lay up store, so hopefully, the livestock will get properly fed this year. Goats did get past my front line fence in the evening and not long after I went out clapping and shoo-ing, the landlord appeared on his golf cart. He saw me repairing my fence, since while jumping over it, one got his leg caught. He and I exchanged waves is all. I would never kill one of their animals but I have used a bb gun to pop them in the butt to get their attention. They've told me to take a stick and hit them, but I'd rather shoot them with a bb gun. Making noises like clapping or banging a pot and coming at them with hands waving seems to get the message across, at least with the least stubborn and bossy ones. I'll just get the gate built, put in another row of barbed wire and hope for the best. But I will keep my eyes out for poorly fed animals (one animal per two acres is surely not being met here!) and report if needed. It's a small community and tight knit so I will need to know exactly who to talk to , if I do.
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Old 08-06-2015, 01:01 PM
 
Location: Where the mountains touch the sky
5,181 posts, read 6,006,557 times
Reputation: 9003
Quote:
Originally Posted by justanokie View Post
no.

Most places require you to publish a public notice and wait 30 days or so depending on the state.
Check the law carefully. The first thing to do is contact the local brand inspector. The brand tells you who owns it, (that's why they're branded ).

Second, in a free range state YOU are responsible for fencing out what you don't want on your property, and if you don't, it's considered open range and therefore legal for the animal to graze there.

Third; Depending on state law, if your property is fenced to specifications, and the owner doesn't come take the animal when notified, you may be able to charge them for pasture and damage.

Check with the county attorney before proceeding because if you take the animal without following proper procedure, it's called rustling and can be prosecuted. Laws vary widely by state, especially where livestock are concerned, so be careful and check before you act.

Just a word to the wise.
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Old 08-06-2015, 02:07 PM
 
9,147 posts, read 8,412,096 times
Reputation: 19915
In some areas of the west, they consider rustling to be a hanging offence. Watch old cowboy movies to better understand what they do to rustlers.

The OP as many are pointing out, needs to learn to fix fences. He cannot expect only the rancher to worry about fixing the fence.

And I agree on placing a strand or two of electrified barb wire on the fence. Easiest way in the world to end cows coming onto his property. Raised on a very large ranch, and we found electric fence was easy to put up and solved problems of animals getting out of their pasture, be in 5 acres or 100,000 plus acres as we ranched. Most of it was leased cut over timber land, that we had to pay the huge fee of $1 per year, and keep a watch and call the owners if we saw smoke on the land.
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Old 08-06-2015, 08:51 PM
 
11,257 posts, read 44,330,395 times
Reputation: 15083
Quote:
Originally Posted by GregW View Post
If a neighbor's critter wanders on to my property and stays there for a day or so can I claim it as mine?
Nope.

In some states, you may corral the animal for it's safety and to protect your property. However, when you do so, you take upon yourself the burden to properly feed, shelter, care for, and water the animal.

Bear in mind that if you abuse the animal, don't feed it properly, or don't supply an adequate amount of clean water that you can be held liable for the damage to the animal by the owner, or cited by the livestock board for animal abuse.

In our state, WY, you can file a lien for this care through the State Brand Inspector. The owner of the livestock will have to pay you up to the maximum amount allowed by the state per day of care to get the brand papers released to them.

Since we are a "fence out" state for cattle, it is your responsibility to fence cattle out of your lands. If the fences are inadequate to do so and the cattle come onto your property, you own the losses such as landscape damage. But horses, goats, and sheep are "fence in". So if a neighbor's horse comes onto your property and damages it, you can seek compensation for your losses.

Generally, if we see cattle out, we'll try to herd them to a safe place. Sometimes that's not their owner's pasture/property, but a convenient place at the time. If possible, we'll ask the property owner if it's OK, but if not possible to do so, the cattle will be placed for their safety. With that secured, then it's time to try contacting the likely livestock owner and/or the local brand inspector to help track down the owner and get the livestock back to where they belong.

Same thing with horses; sometimes they get out and are a hazard to themselves and traffic on the roads. The first priority is to get the horses secured into a corral or safe pasture ... any nearby place is fine, the safety of all is the paramount consideration. Then we'll sort out where they came from, who owns them, contact owners and/or brand inspectors, and get the livestock back to where they belong.

Here in ranching country, one does well to remember that the livestock that are out today could have been yours. Hence, we all tend to be of assistance to each other to protect the livestock without prioritizing that there may be costs/time/damages to address.
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Old 08-17-2015, 03:09 PM
 
5,879 posts, read 5,359,280 times
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Old 08-17-2015, 04:33 PM
 
Location: california
5,902 posts, read 5,049,222 times
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It's funny , while I'm reading this my rooster is just becoming of age, getting the urge, mounting hens, and learning to crow right under my bed room window @5; AM this morning and all day long. .

It's life.
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Old 08-21-2015, 02:50 AM
 
9,147 posts, read 8,412,096 times
Reputation: 19915
It is amazing how many city people have posted city rules, and think they apply in the country.

Country rules:

1: A fence between two properties, is a joint fence and both sides are responsible to keep the fence in good condition as the farmer first told the OP.

2: If you do not want a neighbors cattle to go onto your property, make sure the fence is adequate. Run a electric wire around your property to keep animals out. There are solar powered units today, so you can put the electric unit anywhere. We have a wire around our 5 acre place, where we do not have a 3 rail fence.

3: In open range areas, it is your responsibility to fence the animals out, not the responsibility for the farmer to fence his animals in. This also applies to property even if it is not open range to one degree or another. When in doubt, fence them out. Cheap if you use drive in posts, and electric wire.

4: Don't go around complaining about neighbors animals as the OP did. That is the first thing for neighbors to laugh at the city slicker that moved into the old (insert name) place. Do that a few times, and you will never be welcomed to the area and you and your family will never fit in. When you move to the country, if you want to feel welcome in the area, live by country rules and traditions, not going around shouting, "I am from the city and expect you to become and think like me". In the country, they don't think much of people with that kind of attitude and you will never fit in.
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Old 09-20-2015, 03:33 PM
 
1 posts, read 634 times
Reputation: 18
I have cattle and they have never gotten out. I ride my fence daily and it is a good fence to start with. I have plenty of grass and do not over graze the pasture to where the cows are looking at better grass through a fence. If you do these things you are a good rancher where I come from. If you are a dead beat as someone says and too lazy to maintain your fence then you should at least be sympathetic to someones yard your cows ruined. But lazy people generally are not sympathetic so if he was not sorry and did not make an attempt to clean up after his cows and maintain the fence keeping his cows in than that is what small claims court is for. Figure the damage and take his lazy butt to court. I know if my cows got out I would fix any damage done by them. I agree with the OP most people posting on here are not ranchers and really are city people wanting to be country people because they live in the country. Cows destroying your property is NOT part of living in the country. Anyone saying that is way out of touch.
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Old 09-20-2015, 07:29 PM
 
11,257 posts, read 44,330,395 times
Reputation: 15083
Quote:
Originally Posted by BarZLonghorns View Post
(snip). Cows destroying your property is NOT part of living in the country. Anyone saying that is way out of touch.
While it sounds like you have a commendable operation and do your best to maintain your fences, you're unfortunately way "out of touch" with the reality of those places in the USA where it's "fence out" country for cattle.

Much as we'd all like to have perfect fences that contain our cattle and never have any "fence jumpers", the fact is that cattle can and do get out from time to time.

In our ranching country, folk who fit in will be happy to assist at notifying an owner or the brand inspector that cows are out. And those folk understand that if they didn't proactively "fence out" the cattle, that subsequent damage to their property is their responsibility.

I've fed, watered, and cared for neighbor's livestock more times than not, and notified them that their livestock was out, asking that they please come get them. Never asked for compensation for my time and feed or pasture, but have been happy to help. My neighbors don't keep their fences in poor repair, but with many miles to keep and sections of land to fence, stuff happens. Such is life.
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Old 09-20-2015, 09:39 PM
 
Location: Washington state
5,605 posts, read 2,934,843 times
Reputation: 17218
Quote:
Originally Posted by oldtrader View Post
It is amazing how many city people have posted city rules, and think they apply in the country.

Country rules:

1: A fence between two properties, is a joint fence and both sides are responsible to keep the fence in good condition as the farmer first told the OP.

2: If you do not want a neighbors cattle to go onto your property, make sure the fence is adequate. Run a electric wire around your property to keep animals out. There are solar powered units today, so you can put the electric unit anywhere. We have a wire around our 5 acre place, where we do not have a 3 rail fence.

3: In open range areas, it is your responsibility to fence the animals out, not the responsibility for the farmer to fence his animals in. This also applies to property even if it is not open range to one degree or another. When in doubt, fence them out. Cheap if you use drive in posts, and electric wire.

4: Don't go around complaining about neighbors animals as the OP did. That is the first thing for neighbors to laugh at the city slicker that moved into the old (insert name) place. Do that a few times, and you will never be welcomed to the area and you and your family will never fit in. When you move to the country, if you want to feel welcome in the area, live by country rules and traditions, not going around shouting, "I am from the city and expect you to become and think like me". In the country, they don't think much of people with that kind of attitude and you will never fit in.

Hmm...I might agree with you except that I read once in Colorado, people were moving in on 40 acre ranchettes and not keeping their dogs confined. There was a lot of anger at a farmer who shot one of those free running dogs. Why does a rancher get a free pass to let his cattle roam but still gets to shoot a free roaming dog? Just curious.

Myself, I would never move anywhere and just let my own dog roam. I believe in keeping animals confined so they don't get out and cause any problems and I'd hope if they get out accidentally, someone would let me know and not shoot them.

As for cows breaking out of their pasture, I just finished reading Ben K. Green's book "Wild Cow Tales, and I think cows break out and go gallivanting around just because they're cows.
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