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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