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We have a farm in Manitoba and our neighbor has cattle. He

is not able to keep...
We have a farm in Manitoba and our neighbor has cattle. He is not able to keep them in their pasture. They roam in our fields and make a lot of damage. Four times we called the RCMP and they went to see our neighbor. At first he got very upset and than he would gather the animals and bring them back to his pasture. But since the fences are in a horrible condition the next day the animals are back in our field. The RCMP called us today and said they don't know what to do anymore either, since he ignores all their threats and basically turns around and just lets his animals run free. We also tried to talk to our neighbor and asked him in good terms to respect our property, but he just laughs at us and says he can,t do nothing to keep his cattle in his pasture. He is all by himself and is not able to keep them in check. My husband is devastated, because it seems there is nothing we can do but except the damage.
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Answered in 6 minutes by:
10/14/2013
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,533
Experience: Lawyer
Verified
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

I am sorry to hear this.

This is trespass and nuisance.

If the RCMP cannot or will not charge him then I suggest you retain a lawyer and have the lawyer send him a letter demanding that he immediately take all steps necessary to ensure the cattle do not enter your premises again. The letter can also demand compensation for damages you already incurred.

The letter would threaten a lawsuit so that you would get an order that he be required to repair his fence, pay you damages in terms of all that you have incurred so far and for any damages going forward and you would also ask for an order for your costs.

This could scare him.

If not you may need to get a court order as he think he is above the law and can do what he wants.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

204-943-2305 or toll free 1-800-262-8800 (from outside Winnipeg)

Let me know if you need any further clarification.
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,533
Experience: Lawyer
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Customer reply replied 4 years ago

I am not sure if a threat would scare him since so far he ignores fines and court orders and sometimes just disappears so nobody can reach him. Letters from lawyers he just ripped apart.


 

Then you may need to sue him.

If you get a Judgment for damages you can then seek to enforce it against his assets, or register a lien on title. He won't be able to avoid any of that.

As well, if you get a Court order for him to repair his fence and he doesn't you can then seek to have him charged with contempt.

He will be fined. And if he still doesn't comply you can bring him back and he will he fined a higher and even higher amount and ultimately if he flaunts the order he will be jailed.
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Debra
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