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JB Umphrey
JB Umphrey, Attorney
Category: Landlord-Tenant
Satisfied Customers: 20233
Experience:  Assisting tenants and landlords understand their disputes.
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I have alpacas on my mothers property. They have been there

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I have alpacas on my mothers property. They have been there for nearly 3 years. I tend to them everyday, etc. We are no longer on soeaking terms and she is now going into my barn and fenced areas and doing things like throwing away our hay, closing the animals up in the barn, etc without our permission as if they animals are hers. She seems to think she has 'rights'to our livestock because they are on her property. We maintain and care for the animals full time. Livestock and all supplies belong to us. Can she continue to do this?
Welcome and thank you for your question!

I am sorry to learn of the facts you've described. It would be helpful to know: do you have a written lease or contract with your mother?
Customer: replied 4 years ago.

Just a verbal lease. we built the barn and fenced in about an acre and a half. we have every receipt. within the last year our relationship went south over the alpacas because she didnt agree with our hay purchase choices and other obsolete things.

Thank you. Verbal agreements are not legally enforceable in these instances. From the facts you've described, she cannot be sued for breach of contract (because none exists) and what she's doing (closing animals up in the barn) is her property. If she's destroying your property, you can sue her for that.

For example, let's say you parked your car on her property and she took a sledgehammer to it. It's still your car and she is still responsible for the damage she caused to it. Same is true, for example, with throwing out the hay.

You would have legal rights on the other stuff if there was a written contract in place which limited what she could do. However, again, you have no written document to hold her to. That leaves you with the option to find new property to relocate the animals to. I know that's not a route you want to go but it's one you may have to consider since you aren't in a position to force your mom to change on many things.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
JB Umphrey and other Landlord-Tenant Specialists are ready to help you
I see where you read my answer but not where you asked a follow up question or rated my effort to assist you with the law as it relates to your issue. The Site has been having some major systems issues recently so we are not always receiving customer replies or ratings.

If you do have a follow up for me, if you could send it again and let me know this is your second try (so I can let the Site administrators know), I would appreciate it.

Otherwise, if I have answered all of your questions, please take brief moment to rate my assistance to you so that I can receive credit for my work.

Thank you in advance.

~~ J.B.

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