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 Trespassing Livestock:  Who is responsible?  Mike Irvin

October '08

Trespassing Livestock: Who is responsible? What duty is owed? What can you do if your neighbor’s livestock gets out and damages your property? State law encourages the owners of livestock who trespass on others property to make amends as quickly as possible.

Kansas statutes say it is unlawful for any domestic animal (primarily livestock) to run at large. So it is important for livestock owners to exercise "reasonable care" and "reasonable precautions" in confining their stock in order to avoid civil liability. Consequently, livestock owners can be responsible for damage caused by their animals if they are negligent in the care and custody of their livestock.

If livestock do trespass and cause damage to another’s property, the aggrieved landowner may retain these animals until he/she is paid for said damages. In essence, this gives the injured party a possessory lien against the livestock. If an injured party does retain trespassing livestock, he will need to do it properly. They will need to feed and care for the animals just as if they were their own. In addition, they will need to notify the owner (within 24 hours if known) and authorities as soon as possible. Once notice is given, the person taking the livestock cannot retain them for more than five days without commencing legal action for recovery of the damages caused by the animals.

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