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my neighbors chickens keep coming on my lawn and car and stuff

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my neighbors chickens keep coming on my lawn and car and stuff i asked nicely to keep her animals dogs pigs horses etc. on her side. today i killed a chicken on my yard she says thats animal cruelty it only took a second.
Submitted: 5 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 5 years ago.
It would depend on what state you live in if it is animal cruelty but you are definitely liable for the destruction of private property since the chicken is considered personal property of the owner. You don't have the right to kill trespassing animals and can be charged for their wilful destruction and sued for compensation. Your legal recourse would have been to report a nuisance to the police or sued the neighbor under nuisance and trespass to protect your property rights.




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Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 5 years ago.

okay a chicken is personal property wow.....thx i will wait to see if i here more quess i need a lawyer is this a misdemeanor?

Expert:  Attorney & Mediator replied 5 years ago.
Yes, animals are considered personal property. For Delaware the offense would be


Here is the definition of property for Delaware:

""Property" means anything of value except land, and includes things growing on, affixed to or found in land such as topsoil, sand, minerals, gravel and the like, documents although the rights represented thereby have no physical location, contract rights, trade secrets, choses in action and other interests in or claims to admission or transportation tickets, captured or domestic animals, food, drink and electric or other power".

Yes, it would be a low misdemeanor classification with possible fine of upto $500.00 and/or upto 6 to 12 months in jail (although I don't see jail time in your situation) most likely a fine. I would see if she would accept compensation for the loss of her property.


_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.


Attorney & Mediator, Lawyer
Category: Legal
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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