[Market-farming] New York law....

Mike Rock mikerock at mhtc.net
Wed Mar 30 20:30:06 EDT 2011


> If My Cattle Or Horses Wander Onto The Land Of My Neighbor Am I 
> Liable For A Trespass?

ANSWER: Yes.

Whether your neighbor's land is fenced or
> not you will be liable if any of your domestic animals, dogs being 
> the exception, wander onto your neighbor's land. Because of the fact
>  that it is a trespass when domesticated animals such as horses and 
> cattle enter the land of another, if an injury is caused by one of 
> your animals while it is on the land of another you will be held 
> liable, regardless of whether you knew of your animal's violent 
> propensities. There is an exception to liability however, if you are
>  lawfully transporting your cattle and some of them wander onto 
> another's land and you take immediate steps to retrieve them.



> Can I Sue My Neighbor If His Cattle Get Inside Of My Fenced In Land 
> And Cause Damages?


ANSWER: Most likely not.

NOTE WELL:  YOU ARE REQUIRED TO KEEP A FENCE IN GOOD CONDITION THAT
DIVIDES YOUR PROPERTY LINE..... UNLESS YOU AGREE WITH YOUR NEIGHBOR TO
KEEP YOUR LANDS OPEN.......   PRETTY DARNED CLEAR!

  You are required to keep a fence
> in good condition that divides your property line, unless you agree 
> with your neighbor to keep your lands open. If a neighbor's animals 
> make it past your fence and onto your property, they will most likely
>  have done so as a result of your defective fence. If you fail to 
> maintain your fence, and your neighbor's animals make it onto your 
> property and cause damages you will not be able to sue them for such 
> damages. It becomes your responsibility because you failed to keep 
> your fence in good condition.


> Will I Be Held Liable If The Cattle That I Own Enter My Neighbor's
> Land And Cause Damage Even Though They Are Under The Control Of My
> Farm Hand?

ANSWER:  Yes. The owner of cattle who trespass and cause damages
> will be held liable to the injured party, even if they did not have
> control over their cattle at the time of the trespass. This rule
> applies if an owner's cattle are being watched by a farm hand or by
> another owner who has his or her own cattle. If there are multiple
> owners of cattle only the owner who is in control of the cattle at
> the time of the trespass will be held liable. The only time that
> multiple owners will be held liable for their cattle collectively
> trespassing is when the multiple owners have acted in concert. This
> would apply when a number of owners were in control of the cattle at
> the time of trespass.







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