I have a problem with a neighbors cows coming on my land from about a mile away neither my neighbor or i run cows so we really dont need a fence however there is a deep ravine that always washes out every time it rains and the other owner is an absentee owner and is never around to fix the water gap is it not then the resposiblity of the renter that owns the cows to fix the water gap every time it rain and washes it back out
we fix the water gap then it rains again and it is an ever accuring problem
Thank you for your question.Just to be clear, it is the renter's cows that keep trespassing onto your property? What state are you located in?
yes it is the renters cows that come on to my land I live in decatur county iowa eden township
Thank you for your follow-up.Have you spoken about this either to the owner of the property or to the renter? If so, what if anything were you told?
yes the owners are both really nice to talk to and we are in the process of get the land surveyed and getting new fence in but its not an issue with the land owners it is an issue with the renter my question is it it the responsiblity of the land owners or the the renter to keep the water gap fixed since both of the landowners are almost never here i respect both of the landowners a lot
we can fix this fence but the next time it rains it will happen again it is just the nature of the creek that flows thought the property its going to happen again and again and all of us landowners know that and have discussed that
Thank you for your follow-up.Generally speaking the water gap has to be filled and/or fixed by whomever owns the property. That means that if the gap is on the side of the owners, it is their responsibility (or the responsibility of the tenant) to fill that in. If the gap is on your end of the property divider, it is your responsibility. If it so happens that gap is on their end, consider politely explaining that to the owners and ask that they talk to the tenant to ensure that he fills in the gap. Otherwise you would have to file against both the current tenant and the landlords to compel them too make the subsequent repairs so as to avoid the continued trespass on your property.Good luck.Dimitry Alexander Kaplun40665.2296598727
what are my rights as a land owner where this water gap isnt even on the fence that is my line fence and what can i do about the tresspassing of the cows on my property they have to walk almost a mile to get to my property
Your rights as a land owner end at the border between yourself and the neighbor. If that gap is deep in their territory but affects runoff and obviously causes a possible trespass, you can file for a trespass claim for the actual trespass and damages to yoru land (if the cows end up eating your grass or otherwise destroying your property in the process.Good luck.Dimitry Alexander Kaplun40665.2367532755
i have chased them off my property at least 20 times in the last two years and am getting rather sick of it! starting to have thoughts of hauling them to the sale barn and selling them and having them send the check to the cow owner if they end up on me again what are the nessary step i need to do to do this legally
That you cannot do, as they are not your property. That would be essentially theft and while I can understand your anger and annoyance, you still cannot take that person's cows and sell them yourself.Good luck.Dimitry Alexander Kaplun40665.2474857292
JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
hey thanks for your advice i hope i can get it worked out
You are most welcome, and I hope so too...before those cows will drive you crazy.
clarks and i are planning on dozing out the fence line and redoing the fence this fall but that still isnt fixing the problem with the unrully tenant that the bakers had the misfortune of renting too lol o well like of the neighbors
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).