[Market-farming] New York law....
Road's End Farm
organic87 at frontiernet.net
Wed Mar 30 20:53:04 EDT 2011
The first and second opinions below flat out contradict each other.
The first one says that, if your cattle get into your neighbor's
fenced land, you're liable for the trespass. The second one says that,
if your neighbor's cattle get into your fenced land, the neighbor is
not liable for the trespass.
Maybe whichever unnamed person came up with the opinions below is paid
by the unnamed neighbor?
And, yet again: Wyatt's not in New York. So none of this would be
applicable to his problem, in any case.
-- Rivka; Finger Lakes NY, Zone 5 mostly
Fresh-market organic produce, small scale
On Mar 30, 2011, at 8:30 PM, Mike Rock wrote:
>> 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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