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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29814
Experience:  Lawyer
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Our neighbor's llamas and goats roam free in our area. They

Customer Question

Our neighbor's llamas and goats roam free in our area. They come on our property and we cannot turn our alpacas out because alpacas and llamas will breed and we do not want that. We cannot turn out our angora goats because we do not want Boer/angora babies. He is "free grazing" his animals on everyone else's property. what can we do?
Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.
Hi, My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation. Utah generally allows farm animals and livestock to roam free, unless you live in a county with an ordinance that says otherwise. That means, in most cases, a person who does not want livestock in on his property has the burden of building a fence to keep animals out, not vice versa. See Utah Code, Section 4-25-8. None of the statutes in this section mentions llamas, and there's no broad "all other animals not mentioned" statute to catch any livestock that isn't covered elsewhere. What that means is that you may be able to bring an action for nuisance, stating that your neighbor is interfering with your use and enjoyment of your property by allowing his llamas to enter and not keeping them enclosed. He is responsible for any damage the llamas cause, and you may also be able to get a court order requiring him to keep the animals in an enclosure. There are two problems associated with bringing an action against your neighbor, though:1. You'd have to prove damage was caused by his llamas, as opposed to your alpacas OR his goats (because his goats are allowed to roam unless you put up a fence to keep them out). In the case of an alpaca/llama baby, that's pretty easy, but you probably don't want to have to let an alpaca get pregnant to prove your case.2. Any injunction you got would only apply to the llamas, not the goats. Which means that the solution here, I'm sorry to say, may be to build a fence to keep your alpacas safe from the other animals. Then you can sue for nuisance if his animals breech the fence line. I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.Good luck.