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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 36925
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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I have a problem with a neighbors cows coming on my land from

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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
Submitted: 3 years ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 3 years ago.
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?
Customer: replied 3 years ago.
yes it is the renters cows that come on to my land I live in decatur county iowa eden township
Expert:  Dimitry Esquire replied 3 years ago.
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?
Customer: replied 3 years ago.
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
Customer: replied 3 years ago.
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
Expert:  Dimitry Esquire replied 3 years ago.
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.
Customer: replied 3 years ago.
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
Expert:  Dimitry Esquire replied 3 years ago.
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.
Customer: replied 3 years ago.
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
Expert:  Dimitry Esquire replied 3 years ago.
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 Esquire, Attorney
Category: Estate Law
Satisfied Customers: 36925
Experience: JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
Dimitry Esquire and 5 other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.
hey thanks for your advice i hope i can get it worked out
Expert:  Dimitry Esquire replied 3 years ago.
You are most welcome, and I hope so too...before those cows will drive you crazy.
Customer: replied 3 years ago.
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

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