used to be and still is to my knowledge according to state law if you did not have livestock you didn't have to or weren't obligated to repair fences. owners of cattle were. if you can determine who the owner of record is, and you notify them then they have 30 days to remove them. if not done in 30 days you can legally load them up and sell them for damages. now, if you plan to go this route make sure you have witnesses, might even have sheriff with you, that you notified them. if I planned to sell them I would actually send a registered letter. I had the same problem, talked to nearest neighbor (he said they weren't his also) and the problem disappeared. cattle seldom run through several fences, maybe one, but they seldom just keep on going. probably they're your neighbors and they just don't want you to sue them or something. if you chase them and they know exactly where to go each time to get through fence you can bet, they are. just a thought, next time you talk to neighbor tell him you're running them out in the road. DONT but threaten to. if a car hit one and someone is injured or killed you can lay money the law will find the owner
to be sure simply look up or google state laws regarding livestock I assure you they're in the books.
Lol, you don’t need to post it, cuz you’ll get the same answers as this thread! Except for the selling part, that’s kinda frowned on in your situation.
Which parcel has the cattle?
OH, and just an addendum, YOU CANNOT fix the fence and keep those cattle yourself, you have to sell them. if you COULD people would be letting the fences down and running across a fat calf every fall LOL. what you have to establish for the record is the date the cattle showed up. if you cannot do that you'll likely be charged with cattle rustling. do NOT get mad and haul these cattle to sale barn or hire so called cowboys to round them up unless you're REALLY willing to and ABLE to prove they were on your land, the owner was notified and given a chance to make it right, and the proper amount of time has elapsed. you'll probably be in court so fast you won't believe it. cattle rustling is still a very real thing, it's a big business, and it gets worse every year. if at all possible, get the sheriff or the cattle detectives involved. BY the way, here's a very real story. when I was about fifteen, I was hired to help build some corrals on a property my uncle owned. We finished building the corrals and were heading down next day to clean up. we were surprised to see cattle tracks at the gate when we pulled up and thought our cattle had got out. we had not even got gate open when two sheriff deputies and a cattle detective blocked us in., we both were handcuffed and told someone had stolen several head of cattle drove them down the road and used our new pens to load them. just so happened that the neighbor next to us drove down the road, stopped and vouched for us being who we said and that was our land and he had seen another truck there the evening before. moral of the story don't be put in a position where you could even be mistaken for being in the wrong. by the way that was grady county also if it makes a difference
All I can offer is sympathy.
R.L.1910, § 152.
§4-135. Proceedings after distraint - Assessment of damages -
Notices - Sale - Surplus.
A. Within forty-eight (48) hours after stock has been
distrained, Sunday not being included, the party distraining, or such
party's agent, shall notify the owner of the stock when known, or, if
unknown, the party having them in charge. If the owner fails to
satisfy the person whose lands are trespassed upon, the party injured
shall, within twenty-four (24) hours thereafter, notify in writing
the county sheriff to come upon the premises to view and assess the
damages.
B. The county sheriff shall, within forty-eight (48) hours after
receiving such notice, Sundays and holidays excepted, proceed to view
and assess the damages, and determine a reasonable amount to be paid
for seizing and keeping said stock. If the person owning the
distrained stock fails to pay the damages as assessed, the sheriff
shall provide for the public notice and sale of the distrained stock
as provided by Section 85.6 of this title.
C. Any money or stock left after satisfying such claims shall be
returned to the owner of the stock sold.
R.L. 1910, § 153. Amended by Laws 1968, c. 72, § 1; Laws 1997, c.
44, § 3, eff. Nov. 1, 1997.
§4-136. Assessment of damages - Filing - Review - Bond - Supersedeas
- Delivery of stock to owner appealing - Certification of papers.
The county sheriff shall make his assessment in writing and file
the same with the county clerk, to be kept in his office. Any person
aggrieved by the action of the county sheriff under this article, may
appeal therefrom, to the district court. The person appealing shall
file with the county sheriff a bond, in a penalty double the value of
the property distrained, or if the value of the property exceed the
amount of damage claimed, then in double the amount of damages, with
good and sufficient sureties, to be approved by the county sheriff,
and from and after the filing of the appeal bond, the same shall
operate as a supersedeas. In case the owner of such stock be the
appellant, the same shall be delivered to him. The county sheriff
shall, after the appeal is taken, certify all the original papers in
the case to the district court.
R.L. 1910, § 154. Amended by Laws 1968, c. 72, § 2.
§4-137. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-138. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-135. Proceedings after distraint - Assessment of damages -
Notices - Sale - Surplus.
A. Within forty-eight (48) hours after stock has been
distrained, Sunday not being included, the party distraining, or such
party's agent, shall notify the owner of the stock when known, or, if
unknown, the party having them in charge. If the owner fails to
satisfy the person whose lands are trespassed upon, the party injured
shall, within twenty-four (24) hours thereafter, notify in writing
the county sheriff to come upon the premises to view and assess the
damages.
B. The county sheriff shall, within forty-eight (48) hours after
receiving such notice, Sundays and holidays excepted, proceed to view
and assess the damages, and determine a reasonable amount to be paid
for seizing and keeping said stock. If the person owning the
distrained stock fails to pay the damages as assessed, the sheriff
shall provide for the public notice and sale of the distrained stock
as provided by Section 85.6 of this title.
C. Any money or stock left after satisfying such claims shall be
returned to the owner of the stock sold.
R.L. 1910, § 153. Amended by Laws 1968, c. 72, § 1; Laws 1997, c.
44, § 3, eff. Nov. 1, 1997.
§4-136. Assessment of damages - Filing - Review - Bond - Supersedeas
- Delivery of stock to owner appealing - Certification of papers.
The county sheriff shall make his assessment in writing and file
the same with the county clerk, to be kept in his office. Any person
aggrieved by the action of the county sheriff under this article, may
appeal therefrom, to the district court. The person appealing shall
file with the county sheriff a bond, in a penalty double the value of
the property distrained, or if the value of the property exceed the
amount of damage claimed, then in double the amount of damages, with
good and sufficient sureties, to be approved by the county sheriff,
and from and after the filing of the appeal bond, the same shall
operate as a supersedeas. In case the owner of such stock be the
appellant, the same shall be delivered to him. The county sheriff
shall, after the appeal is taken, certify all the original papers in
the case to the district court.
R.L. 1910, § 154. Amended by Laws 1968, c. 72, § 2.
§4-137. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-138. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
it is always best to be a good fence neighbor. it is understood that as you stand on your property the fence half to your right is yours and so for the neighbor. if you choose the above and say not my cattle not my fence that is your right but the neighbor can tell you that you can't run livestock or anything against the fence forcing you to buy in or double fence. i suggest that you introduce yourself and politely share your grievance with your neighbor. if the fence needs replaced be prepared to pay for half.
One of my customers owns property and runs cows beside a friend’s place who raises pine trees, and my customer went to my friend and asked him to split the cost of rebuilding the fence between their places. My friend declined telling my customer that he didn’t have a problem keeping his pine trees in.
Though it was an arrogant attitude and an @sshole thing to say, I have to agree with my friend even though he’s probably got enough money to wipe his @ss with hundred dollar bills and wouldn’t have missed the money to be a good neighbor.
Though it was an arrogant attitude and an @sshole thing to say, I have to agree with my friend even though he’s probably got enough money to wipe his @ss with hundred dollar bills and wouldn’t have missed the money to be a good neighbor.
I didn’t read every post you’re this thread; but if you are wanting the find out who owns a piec of property, I recommend the onX Hunt application for a smartphone.
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