Neighbor's cattle in yard

[Jstpssng]

This thread is one of the most interesting I've read in a while... and I'm not even in cow country!!

 

[lman]

From here:

In Minnesota, a livestock owner is bound by the common law duty to keep the livestock restrained on the owner's land. Minnesota Statutes, sections 346.16, 561.09, and 609.605 strengthen this common law duty by making it unlawful for an owner or person having control of livestock to permit the animals to run at large.

https://www.house.mn.gov/hrd/pubs/fencelaw.pdf

As for suggestions....
I'd ask the cattle owner for money for repairs to my property caused by his cattle for a start.

I'd also mention that the cattle owner is most likely liable for anyone that gets injured by his cattle, car accidents and such.

I could think of worse things than a cow in my yard, but still, they should be kept in.

My brother lives in Colorado.

Colorado: A Fence Out State Colorado has traditionally been an “Open Range” or “fence out" state. This means that landowners who prefer not to have livestock on their property are responsible for fencing them out.

 

[ponytug]

I remember the rodeos in the first couple of years. I'm sure you found that once the cows and you are on the same page life gets much easier. Now I can just call them from the main pasture and they'll come to get fed. The little ones will do all sort of crazy stuff but if I see them once a day (after the first 24--48) and they are alive I call it good.
I had my herd bull get sick and die on me, now to find a replacement Dexter and hope he will be half a docile as Norman was. You could anything with that boy with minimal effort.

As I've said before, we were looking for either dexters or Belted Galloways when we started, and by chance ended up the belties. I like both.

Yes, the first couple of times shifting paddocks was...interesting. We have a suspicious cow that was always the last do anything. In the early days, she wouldn't leave the paddock with the rest of the herd, and then she would get agitated and all wound up because she was alone. We ended up having to move her, quietly mind you, with us on horseback. Horses were less threatening to her and could gently pressure her toward the gate. Even today, she will always try to evade a human. Now that they know the routines, we just open the gates, and come back in half an hour and everyone has moved over quietly. No stress, no bother on either side. My former equine riding companion is now herd boss, and chief calf sitter. He loves it. It is a hoot to see him with five calves while the moms are out of sight doing something. Occasionally, it will be one almost awake horse surrounded by a bunch of calves fast asleep.

We lost our bull two years ago to bovine infectious lymphoma. It was a new to me disease. Apparently, it is spread by horse flies. He went very quickly. He was drooling a bit Thursday, "ain't doin' right" on Friday, but nothing in particular, not doing well on at all on Saturday, when I called around for veterinary care/advice. Sunday I had arranged for care, and had trailered him up to UC Davis for emergency surgery and care first thing. He was in surgery ten minutes, having quietly followed me through a maze of alleys and hallways in the vet clinic. I was amazed at how calm he was. The staff were thankful and impressed that he was so amiable. By early Thursday morning, he couldn't get up, and the veterinarian in charge called for permission to euthanize him. While we were speaking he passed. The vets had never seen anything like it before, and it took a necropsy to determine the cause. None of my big time rancher neighbors had heard of it when I have mentioned it, but their herds are generally younger.

Our bull was a real sweetie. My wife and he had a greeting going where he would grunt at her, and she would hold out a finger towards his nose. He would amble over and then she would touch his nose, at which point he would toss his head and pretend to be affronted. Every day. Often, he would lurk quietly in the shade of the six foot high mustard, almost completely screened in, rather like Ferdinand under his cork tree.

So, yes, we are also looking for a new bull. In our case, we are looking for low line Belted Galloway bull. The low line cattle do really well on our steep hillsides, and the hillsides do really well with lighter cattle. If anyone knows of any, I would welcome any suggestions.

All the best,

Peter

 

[CliffordK]

Interesting read...
I never really gave much thought to "open range" livestock and fencing in or out. We were surrounded by dairy cows growing up, but they never seemed to wander. We do get the occasional horse grazing in our small field.

When I was growing up we had a cow that was half Holstein, half Hereford.

I don't remember the entire situation around us getting the cow, but I guarantee that somebody "wandered".

 

[Eagle1]

As I've said before, we were looking for either dexters or Belted Galloways when we started, and by chance ended up the belties. I like both.

Yes, the first couple of times shifting paddocks was...interesting. We have a suspicious cow that was always the last do anything. In the early days, she wouldn't leave the paddock with the rest of the heard, and then she would get agitated and all wound up because she was alone. We ended up having to move her, quietly mind you, with us on horseback. Horses were less threatening to her and could gently pressure her toward the gate. Even today, she will always try to evade a human. Now that they know the routines, we just open the gates, and come back in half an hour and everyone has moved over quietly. No stress, no bother on either side. My former equine riding companion is now herd boss, and chief calf sitter. He loves it. It is a hoot to see him with five calves while the moms are out of sight doing something. Occasionally, it will be one almost awake horse surrounded by a bunch of calves fast asleep.

We lost our bull two years ago to bovine infectious lymphoma. It was a new to me disease. Apparently, it is spread by horse flies. He went very quickly. He was drooling a bit Thursday, "ain't doin' right" on Friday, but nothing in particular, not doing well on at all on Saturday, when I called around for veterinary care/advice. Sunday I had arranged for care, and had trailered him up to UC Davis for emergency surgery and care first thing. He was in surgery ten minutes, having quietly followed me through a maze of alleys and hallways in the vet clinic. I was amazed at how calm he was. The staff were thankful and impressed that he was so amiable. By early Thursday morning, he couldn't get up, and the veterinarian in charge called for permission to euthanize him. While we were speaking he passed. The vets had never seen anything like it before, and it took a necropsy to determine the cause. None of my big time rancher neighbors had heard of it when I have mentioned it, but their herds are generally younger.

Our bull was a real sweetie. My wife and he had a greeting going where he would grunt at her, and she would hold out a finger towards his nose. He would amble over and then she would touch his nose, at which point he would toss his head and pretend to be affronted. Every day. Often, he would lurk quietly in the shade of the six foot high mustard, almost completely screened in, rather like Ferdinand under his cork tree.

So, yes, we are also looking for a new bull. In our case, we are looking for low line Belted Galloway bull. The low line cattle do really well on our steep hillsides, and the hillsides do really well with lighter cattle. If anyone knows of any, I would welcome any suggestions.

All the best,

Peter
View attachment 838304

Funny how that works we were looking at Highland, Belties or Dexter. Had deal for some highland fall through and ended up with Dexters. There is actually a couple of Galloway yearling bulls for sale near me but that don't help you. I'm in market for a yearling horned dexter bull. Red but black will work....

 

[EddieWalker]

I have a few cows at my other farm. One of the neighbors has a lot of cows. One of his cows got through the fence and started hanging out with mine. They all calved and her calf became part of the herd. I told the land owner about his cow and he sent a guy over to get her, but failed. He tried several times, but she was too fast for him. I fend all of them over the winter. One cow didn't eat that much, but it was frustrating to feed the neighbors cow and calf. Eventually another neighbor got involved and they came up with a plan that worked in catching her. I'm an hour away and never put much time into catching her, so I didn't get to upset since they where trying. Once she was back on the neighbors land, he brought over 6 round bales as a gift for taking care of her and her calf. In my opinion, it all worked out satisfactory.

 

[Eagle1]

I have a few cows at my other farm. One of the neighbors has a lot of cows. One of his cows got through the fence and started hanging out with mine. They all calved and her calf became part of the herd. I told the land owner about his cow and he sent a guy over to get her, but failed. He tried several times, but she was too fast for him. I fend all of them over the winter. One cow didn't eat that much, but it was frustrating to feed the neighbors cow and calf. Eventually another neighbor got involved and they came up with a plan that worked in catching her. I'm an hour away and never put much time into catching her, so I didn't get to upset since they where trying. Once she was back on the neighbors land, he brought over 6 round bales as a gift for taking care of her and her calf. In my opinion, it all worked out satisfactory.

Sounds like decent neighbor, made real effort to make it right.

 

[ponytug]

Just to close the loop on the original question by the @MHarryE, the OP.

Here in California, you can bill for the cost of keeping the wayward / trespassing animals, and have the right to send it to auction for the payment thereof, but that's it. Livestock laws seem to be pretty local in my experience.

We have a local herd of basically feral cows that are agile fence jumpers, whose home pasture is too small for their numbers. They are a pest, and everyone knows that the owner has not changed his behavior. Being wild, they do not respond to human handling safely, or well. A few years back, one of my larger neighbors corralled a handful of the feral cattle in a two acre corral, with excellent fences and water for two months, carefully feeding them until they calmed down enough to be loaded and sold. Given the work involved and hay, I can tell you that it wasn't a money making effort, and you would have to file it under a public service to the community. For which I was and am thankful for.

The alcoholic owner does sound like a hazard to the community beyond loose cattle, and I wonder if a broader local intervention to help him, his wife, and the animals is warranted. Friends? Church? A local AA group?

I'm sorry that you have to deal with it, but I want to thank you for being a township supervisor. In my experience, not a particularly glamorous job, or necessarily very popular, but an important one in my view.

All the best,

Peter

 

[CliffordK]

I have a few cows at my other farm. One of the neighbors has a lot of cows. One of his cows got through the fence and started hanging out with mine. They all calved and her calf became part of the herd. I told the land owner about his cow and he sent a guy over to get her, but failed. He tried several times, but she was too fast for him. I fend all of them over the winter. One cow didn't eat that much, but it was frustrating to feed the neighbors cow and calf. Eventually another neighbor got involved and they came up with a plan that worked in catching her. I'm an hour away and never put much time into catching her, so I didn't get to upset since they where trying. Once she was back on the neighbors land, he brought over 6 round bales as a gift for taking care of her and her calf. In my opinion, it all worked out satisfactory.

Herds that are easy to catch are nice. Do you have a coral that you can put all the cows in, then cut out the odd one?

The wild ones ended up at the butcher.

 

[jaxs]

This is clear cut case of cattle owner thinking the woman can't do anything about it so therefore he doesn't think it's necessary to do anything. The solution,contact someone with trailer and experience a distance form the lady to come haul a few to his place and keep them until notified. You run an ad in paper notifying To Whom It May Concern stray cows have been removed from public road and are awaiting owner to claim. If and when owner has lady in a corner she tells him to contact you. You tell him as part of your duty you hired someone to capture what they could and take them somewhere safe. The cowboy will be intitled to room and board. Now ! It isn't rustling. It isn't your,the lady's and cowboy's responsability to know who owns all the cows in the country. When he realizes women aren't totally helpless and can't be pushed around he will adjust his attitude.
Now to all the bs about open range and fence out laws. Get real,if that was true I could graze my cattle anywhere I dam please and noone could do a thing about it. We had a serious drought last year driving hay prices out of sight. On any day I can drive you around and show you thousands of round bales without a fence around them. How long do you think assertions about fence out law would hold up if my cows were caught munching someone else's hay? Chances are the cow owner in question has been talking to the same people that convinced you all people must fence cows out of their property or I can graze my cows on their place without paying. Think before you speak.

 

[Eagle1]

Fence Law - National Agricultural Law Center

"All 50 states have enacted statutes that address issues of livestock running at large and the fences that may or may not be required to keep them confined. These “fence law” statutes can vary widely from state to state. Many states require owners of livestock to secure the livestock on property that they own or lease; however there are some western states that still follow the “open range” doctrine. The “open range” states reverse the duty to fence in livestock and allow livestock to roam in certain remote parts of the state while requiring other landowners to fence off their land if they wish to keep livestock off of their property"

 

[WM75Guy]

Torvy is correct, Texas is an open-range state. The definition is below from the Texas A&M Agri-life Extension book on Texas fence laws. In an open-range county, the landowner is responsible for keeping livestock off his or her land by building a sufficient fence around the property. According to the Texas Supreme Court,“t follows that one who desires to secure his lands against the encroachments of livestock running at large, either upon the open range or in an adjoining field or pasture, must throw around it an [enclosure] sufficient to prevent the entry of all ordinary animals of the class intended to be excluded. If he does not, the owner of animals that may encroach upon it will not be held liable for any damage that may result from such encroachment.

Most counties can hold local elections to determine if the county is considered closed and the livestock owner has to fence in their livestock. Section 143.071 of the Texas Agriculture Code provides for process of holding an election for cattle and turkeys. Section 143.072 prevents 22 of the 254 counties from holding the election. Section 143.021 provides for the process of holding an election for horses, mules, jacks, jennets, donkeys, hogs, sheep, or goats are to be permitted to run at large in the county or area. Section 143.028 defines what is a sufficient fence under the law to keep out livestock in a closed county.

https://agrilifelearn.tamu.edu/s/pr...ide-to-fence-laws-in-texas/01t4x000004OUTdAAO

https://texasfarmbureau.org/wp-content/uploads/2017/02/FiveStrands_Bradbury-min.pdf

AGRICULTURE CODE CHAPTER 143. FENCES; RANGE RESTRICTIONS

 

[ponytug]

This is clear cut case of cattle owner thinking the woman can't do anything about it so therefore he doesn't think it's necessary to do anything. The solution,contact someone with trailer and experience a distance form the lady to come haul a few to his place and keep them until notified. You run an ad in paper notifying To Whom It May Concern stray cows have been removed from public road and are awaiting owner to claim. If and when owner has lady in a corner she tells him to contact you. You tell him as part of your duty you hired someone to capture what they could and take them somewhere safe. The cowboy will be intitled to room and board. Now ! It isn't rustling. It isn't your,the lady's and cowboy's responsability to know who owns all the cows in the country. When he realizes women aren't totally helpless and can't be pushed around he will adjust his attitude.
Now to all the bs about open range and fence out laws. Get real,if that was true I could graze my cattle anywhere I dam please and noone could do a thing about it. We had a serious drought last year driving hay prices out of sight. On any day I can drive you around and show you thousands of round bales without a fence around them. How long do you think assertions about fence out law would hold up if my cows were caught munching someone else's hay? Chances are the cow owner in question has been talking to the same people that convinced you all people must fence cows out of their property or I can graze my cows on their place without paying. Think before you speak.

Not to be too contrarian, but I think that you might want to brush up on your local laws. I would call your attention to Texas 146.05 that requires a permit to transport animals in Texas.

AGRICULTURE CODE CHAPTER 146. SALE AND SHIPMENT OF LIVESTOCK

Section 142 covers what may be done and should be done regarding strays;

AGRICULTURE CODE CHAPTER 142. ESTRAYS

Just to be clear what you are advocating for the cowboy above would run into laws around here in reference to rustling as the "cowboy" would be in possession of cattle not provably his. Not his brand, and in his possession without a bill of sale. Even to transport cattle here requires brand inspection by the brand inspector before movement between different home ranges belonging to the same owner.

All the best,

Peter

 

[two_bit_score]

Most counties can hold local elections to determine if the county is considered closed and the livestock owner has to fence in their livestock. Section 143.071 of the Texas Agriculture Code provides for process of holding an election for cattle

After reading close to, if not all, the posts in this thread I think the solution to @MHarryE ’s problem from a long term perspective as well as keeping himself out of jail or a civil suit is to find out if the state/county has an Estray law and get familiar with its enforcement processes. Here is part of what I posted earlier.

Does your county or state have an Estray law?

Sec. 142.003. DISCOVERY OF ESTRAY; NOTICE. (a) If an estray, without being herded with other livestock, roams about the property of a person without that person's permission or roams about public property, the owner of the private property or the custodian of the public property, as applicable, shall, as soon as reasonably possible, report the presence of the estray to the sheriff of the county in which the estray is discovered.
(b) After receiving a report under Subsection (a) of this section that an estray has been discovered on private property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported.
(c) After receiving a report under Subsection (a) that an estray has been discovered on public property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported, except that if the sheriff or the sheriff's designee determines that the estray is dangerous to the public, the sheriff or the sheriff's designee may immediately impound the estray without notifying the owner.
(d) If the owner does not immediately remove the estray:
(1) the sheriff or the sheriff's designee may proceed with the impoundment process prescribed by Section 142.009; or
(2) if a perilous condition exists, the sheriff or the sheriff's designee may proceed with disposition of the estray under Section 142.015.

If there is not an Estray law in his county or state then it might be a thing for him to bring up in the legislature.

 

[MTGreen]

In Montana you the property owner are responsible to fence livestock out.

However, in the absence of effective fencing, stabilized bean-bag shotgun shells may shorten the bovine learning curve...

 

[MossRoad]

In Montana you the property owner are responsible to fence livestock out.

However, in the absence of effective fencing, stabilized bean-bag shotgun shells may shorten the bovine learning curve...

Not all of Montana.

From here:

MSU Extension | Montana State University

MSU Extension is a statewide educational outreach network that applies unbiased, research-based university resources to practical needs identified by the people of Montana in their home communities.

apps.msuextension.org

Most of Montana is classified as open range, but closed range exists within all incorporated cities and towns. Closed range also exists within unincorporated, rural areas designated as “herd districts.” Montana fence law allows county commissioners to create herd districts when a majority of land ownership in the proposed district petitions the county commissioners in favor of the new designation.

Within open range, one exception to fencing responsibility occurs with federal land boundaries. Livestock owners are responsible to prevent livestock from illegally trespassing onto federal land, including lands administered by the U.S. Forest Service and Bureau of Land Management. Therefore, if your rural property adjoins federal land, and you do not have a federal livestock grazing permit or lease, you must fence the boundary or otherwise prevent your livestock from roaming onto federal land.

Most landowners in open range are not compelled by law to exclude livestock from their property. In fact, some landowners purposely do not fence out livestock from some or all of their property so that livestock grazing can reduce the threat of wildfire and so that fences do not impede wildlife travel or detract from aesthetics. Fencing along railroads, however, is required within open range. Montana law requires railroads to build and maintain fences along tracks to keep livestock out, and the railroad must pay fair market value for any livestock that get through the fence and are hurt or killed by trains. Where highways pass through open range, the Montana Department of Transportation has the option to construct fences along the highway rights of way where livestock may present a road hazard.

Finally, who owns and who maintains the boundary fence between you and a neighbor? If the fence is located on the property boundary, ownership and maintenance is shared equally. Each landowner is responsible for maintaining one half of the boundary fence. The portion designated for you to maintain is determined by standing at the midpoint of the shared boundary and looking toward your neighbor’s property. You maintain the half that is to your right.

 

[Lineman North Florida]

When the neighbors cattle come here, I just put them back into their fence.

Sounds like you are a good neighbor.

 

[Lineman North Florida]

When I see talk of cows getting out, and I see responses involving sheriffs, rustling, shooting, and insurance getting involved, I’m so thankful for the great neighbors I have.

Amen.

 

[Eagle1]

Sounds like you are a good neighbor.

Not really most of the time one of the dogs will scare em back before I get there.

 

[MHarryE]

I'm in shock. Pam called me this morning to say Brad's cows were in her yard again. For Northeastern MN, we have had a non winter. Right now we should have nearly 2 feet of snow remaining but we have scattered white patches in shady areas. She was chasing cows until 3 am. I took a chance as Chairman of the Town Board of Directors to ask the County Sheriff for help. Pam called a few minutes ago to say a deputy sheriff visited her to say he had just visited Brad and read him the riot act for having so many complaints. He gave him a warning for now, but if it continues they will get more severe. To get to Pam's, the cattle need to cross a county road. Pam lives at the bottom of the only hill we have in this flat township of Northern MN - many accident's there. Black Angus in the road coming around the bend at dark - I think that weighed in on the response too. Not that I think such a response should happen for isolated incidents - I'm also a farmer (but thankfully no longer have cattle - the cattlemen are my customers). We will now see if I survive this.