[lehmanslife] Trespassing Cows - Several Postings

October 10, 2006

I know there are some devotee farms which face the problem of

unrestricted cattle (usually beef cattle) belonging to neighbors coming

on to their property. I noticed that customers on the Lehman's Life

list are discussing a similar problem. Many of the solutions offered

here will not be appropriate for us (namely shooting the cows) but it's

interesting to see the range -- and some ideas, such as fencing and

having neighboring ranchers pay for the fencing might have practical

application for us.

ys

hkdd

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zuzana(zuschramm (AT) hotmail (DOT) com)

Hi everyone, I came home tonight to find a herd of cows has invaded my

property! They aren't local, I think they came from across the border,

actually (I'm in Southern British Columbia). They broke fences,

ate/destroyed about a ton of hay and scared my horses. These cows have

been hanging around our valley here for about 2 months, but now the food's

getting scarce, I suppose... So I'm sure they will be back. Even if the

hay and the broken fencing (post and rail) wasn't an issue, the fact that

I have a few very valuable show horses ($20K and up) on the place makes me

worry. They tend to get spooked by the cows, and I feel lucky I got home

when I did, as the cows broke in to be with the horses, chasing them from

their feed etc. And of course I don't want the horses to get out through

the holes the cows made in the fence. The cows all have tags in their

ears, and I think I can track down the owner, but I can only hope he/she

will act promptly. Any suggestions? I am trying to find out just exactly

what the laws are - I heard something like it's my responsibility to fence

range cattle out, but also, animals harassing my livestock can be

destroyed? I have an electric fencer, so I can try to "fortify" my

boundary fencing, but will that even work for hungry cows that know where

the hay is? I can hear my dog kekeping them at bay right now... I have no

problem shooting them all - in fact it was strongly on my mind tonight ,

but I'm not sure of the consequences and don't want to find out. Any help

would be greatly appreciated.

Thanks

Zuzana

**************

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Posted by: "K. Oland" <koland (AT) staffingtech (DOT) com>

If you are responsible for fencing out, you not only can't destroy the

herd, you can't sell them off or even charge the owner for repairs.

You'll need at LEAST a three strand barbed wire fence on strong posts (put

it outside the electric fence and add an electric line outside it about

half way up -- that protects your horses and provides some incentive for

bulls wanting to push thru; if there are no cows on your side, they'll not

be as determined, unless they are starving).

Posted by: "Jim Morrissey" <bloobird (AT) rcn (DOT) com>

Zuzana

The legalities here are difficult. especially for all of us non lawyers.

Personally I would consider confining the cows in stalls if possible.

Feed them. Any genuine bulls with this crowd? That might change the

confinement part. Come up with a generous estimate of how much they have

cost you including your time and everything else they have consumed,

damaged or destroyed. Get in touch with the owner and give them a bill

for this amount with a very definite time period to pay..adding costs for

board for each day. If this is not agreeable to the owner, I would either

sell the animals or put them in my freezer. Remove and destroy the ear

tags if you sell or destroy. I am not sure which 'border' you are on. If

the owner lives in Washington state I cannot imagine this becoming an

international incident, and I would again, personally not worry about any

laws in that case. Make it clear to the owner that he, she, or it needs to

stay off of your property. Next choice! Actually, I would make the cows

disappear and forget the owner who is irresponsible to begin with. Two

months seems to be 'abandonment of cattle'. I believe that is the 11th or

12th commandment. 'It's ten o'clock, do you know where your cows are???"

Seems I have seen a commercial something like that... Let us know how

this works out.

Jim Morrissey

Posted by: Jean and Ellen Olson <jolson (AT) mac (DOT) com>

You definitely need to check on local Laws!!! Here in Iowa, if the cows

are in YOUR pasture, the owner is automatically liable for the cost to you

of feeding them! If it is only a pasture, there is so much per cow per

month, and it definitely DOES discourage folks from "accidentally" letting

their cattle (or other animals) get into another person's pasture! Also,

you MUST check your fencing laws! Again, here in Iowa you are responsible

for HALF of the fence in question, the neighbor is responsible for the

other half, and you CAN force them to pay YOU to fix their fence. Check

the laws!!

Jean and Ellen Olson

In Iowa

(For an extreme example, what would happen if you SHOT all of those cows?

Or SOLD them to someone, such as a Packing House? )

Posted by: "Traveler/Dee" <traveler (AT) toteg (DOT) org>

We live in a "Free Range" area (probably just south of you), and it can be

a real pain because it means WE are responsible to keep the cows OUT.

That can be tough because these ranging cattle regularly get caught in

snares and old barbed wire and just keep going through it - no respect for

fences, etc.

The only good news with this is that the cattle owners are responsible to

fix your fences, etc., whenever their cows damage them. And most

cattlemen are very good about it once they've been told - as well as they

usually come get their cows right away.

Chances are your local law enforcement has dealt with this before and can

help you locate and hook up with the owners - so I would start with a call

to them. Then you'll want to keep the owner's number handy in case the

cows show up again in the future. Tell them the damage and they will most

likely come with repair materials in hand to make repairs.

Good luck!

Posted by: "Kania, John" <JKania (AT) caiso (DOT) com>

Zuzana, My Angus cattleman friend from North Marin County in California

responds this way:

Shoot em. I don't know the laws in bc.

I would use a hot fence then see what brand they had on them and check =

with the brand inspector.

John

Posted by: Jane Marceau <sireks_mom >

Those kind of laws vary from location to location. For example, in some

Midwestern US states, it's the cattle owner's responsibility to fence in

the cattle. Out here in NM, it's the other property owners who have to

fence the cattle out. Except in certain counties, where the cattle have

to be fenced in.

Contact the local law enforcement, and probably an attorney. If BC has as

much of a Wild West mentality as some of the western US, you may be in for

a strange journey.

JM

Posted by: chris rakes <heyrakes >

hey, sorry i don't know the Canadian stock laws. but here in the

southeastern states it is pretty well accepted that you can hold the

cattle till for the property damage. in some western states, especially

where there are free range laws, it is the responsibility of the property

owner to keep the cattle out of their property. i would suggest you

contact your local magistrate about your rights and responsibilities.

remember the Hatfield and McCoy feud started like this...kismif

Posted by: "Butch" <kmodairy (AT) centurytel (DOT) net>

I don`t if I would shoot them, cattle are pretty high right now. Might

want to load them up and sell them.

Posted by: hklacey (AT) comcast (DOT) net

Hi Zuzana,

This is not politically correct, I'm sure, but it sounds like you have a

heard of jerky on your property.

If they have been unattended for 2 months I wouldn't be set back by making

steaks out of them, but that's me. There are probably ramifications if

you get caught, but you have to get caught in my mind. I don't live in

the West, out east (USA that is) and our trespass laws are quite different

here than out west. You should have an avenue to pursue this in, like

maybe the RCMPs and see what they say? I dunno how cross country laws are

with stuff like this.

-Ken

Posted by: "carla bledsoe" <carlazon (AT) hotmail (DOT) com>

sounds like you have the makings of a great b-b-q!

i'm not sure of the laws of free range country or of canada but in missouri the

person that owns the cows is responsible for fencing them. there are even laws

as to how high the fence should be in order for liability insurance to cover

the losses in case they get out. if it was my hay they were eating and i

couldn't get the owner to fess up or pay up then i would start shooting and

making hamburger just as fast as i could. it would be his responsibility to

prove the loss and since he didn't take the trouble when they were eating your

hay i doubt if he would take the

responsibility to prove a loss.

hay isn't cheap (just ask the people in missouri buying due to drought)

what this person is doing is trying to get away with theft. his cows are

stealing food. and he is letting them. as i said, if the law can't do

anything, get some good old boys with sharp knives together and have them

bring the freezer wrap for shares in the meat!!