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Originally Posted by gregintenn
Actually it’s two neighbors, each of whom claim the cows belong to the other. One is a sheriff deputy. They’ve been in and out of my yard for a month now.

What is the best way to handle this while keeping my ass out of court?
Since neither will claim it, it's finders keepers. Take them to a processor, enjoy your steaks.


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Originally Posted by gregintenn
I’m not interested in the cows, nor enriching myself in any way from this situation. I just want them out of my yard without trouble.

Since you don't seem interested in holding the owners accountable in any manner, it would seem that your only option is to fence them out at your own expense.

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Originally Posted by huntsman22
JFC, if they're a problem gather them up and drive/herd them down the road. When the fugger gets sick of finding them and bringing them home from a dozen miles away, he'll learn....

Then if they get hit in the road you go to prison!

Make the owners handle there cows, quit worrying about deputy do nothing.

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Originally Posted by ready_on_the_right
Originally Posted by huntsman22
JFC, if they're a problem gather them up and drive/herd them down the road. When the fugger gets sick of finding them and bringing them home from a dozen miles away, he'll learn....

Then if they get hit in the road you go to prison!

Make the owners handle there cows, quit worrying about deputy do nothing.

Mike
You realize deputy do nothing may be one of the owners as stated several times right?


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I do but I'm not worried that he will do anything in retaliation.


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Just curious is this is in a hoa?

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One more time.

Ask if the cows belong to them.
When they deny it, "Since no one owns them, ive got guys coming to butcher them next weekend!"


Same tactic works for dogs getting in the trash.
"Well, if it aint yours, you wont miss him!"


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Originally Posted by earlybrd
Just curious is this is in a hoa?
No. We’re in the middle of nowhere.

They climb a small mountain and travel over a mile to get here. If he had anything for them to graze on besides yellow top weeds, the fence wouldn’t likely even be an issue.

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https://law.justia.com/codes/tennessee/2016/title-44/chapter-8/part-1/section-44-8-106

2016 Tennessee Code
Title 44 - Animals and Animal Husbandry
Chapter 8 - Fences and Confinement
Part 1 - General Provisions
§ 44-8-106. Damages for trespass -- Determination -- Recovery.


Quote
(a) When any trespass has been committed by horses, cattle, hogs, goats, sheep, or other stock upon the cleared and cultivated ground of any person having the livestock fenced, as is described in §§ 44-8-101 -- 44-8-105, the person may complain to a judge of the court of general sessions of the county, who shall cause two (2) discreet and impartial freeholders to be summoned, and with them shall view and examine, on oath of the freeholders to do justice, whether the complainant's fence is a lawful fence, and what damage, if any, the person has sustained by the trespass, and certify the result of this view and examination under the hands and seals of the judge and freeholders, which certificate the judge shall deliver to the complainant. The certificate shall be prima facie evidence of the plaintiff's demand.

(b) The owner of the stock shall be entitled to a hearing, but, if not successful, shall make full satisfaction for the trespass and damages to the party injured, to be recovered as the damages and costs, subject to the right of appeal of either party. To secure the payment of any judgment, execution may be levied upon the stock committing the trespass; and after ten (10) days' notice the stock may be sold to satisfy the judgment so recovered.


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Did you have this many come for a visit? After a couple of attempts at fixing their fences, they finally got them to stop roaming. Nothing I could really do as it's open range here. The issue was they were getting on to another rancher's grazing allotment and BLM and the rancher were after them. My rancher also wanted nothing to do with loose rodeo stock bulls getting after his small cattle.

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https://tnfarmbureau.org/wp-content/uploads/2016/05/TN-Fence-Laws-Bro_1.pdf

Quote
Livestock Confinement

Q: Does Tennessee law require that livestock be confined?

A: Livestock is not allowed to run-at-large in Tennessee. Owners who willfully allow this to happen could be charged with a class C misdemeanor. Any person who suffers damage from livestock running-at-large could have a lien placed on the animals until the damages are recovered. Fences enclosing livestock should be made of sufficient material according to the law.

Q: What if my livestock frequently escapes and trespasses onto another person’s property?

A: Stock that habitually escapes is considered “notoriously mischievous” and must be confined to the owner’s premises. The livestock owners would be strictly liable for damages caused by the animals if the animal is notoriously mischievous.

Q: Am I responsible for damages to someone else if my livestock trespass onto their property?

A: Tennessee is considered a “fence in” state. This means that a neighbor must fence in his property in order to keep escaped livestock out. When a neighbor’s property is damaged by roaming livestock and the livestock does not habitually escape, the livestock owner is not liable for any damages if the neighbor does not have a fence or if the neighbor’s fence is deemed insufficient. In the event that the neighbor’s fence auses the livestock to be maimed, wounded or killed then the neighbor would be liable for paying damages to the livestock owner. If livestock escaped through a partition fence, the livestock owner would be liable for damages only if the owner had refused to or neglected to maintain the partition fence and if the adjoining landowner had maintained their portion of the fence.


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Originally Posted by Squidge
https://tnfarmbureau.org/wp-content/uploads/2016/05/TN-Fence-Laws-Bro_1.pdf

Quote
Livestock Confinement

Q: Does Tennessee law require that livestock be confined?

A: Livestock is not allowed to run-at-large in Tennessee. Owners who willfully allow this to happen could be charged with a class C misdemeanor. Any person who suffers damage from livestock running-at-large could have a lien placed on the animals until the damages are recovered. Fences enclosing livestock should be made of sufficient material according to the law.

Q: What if my livestock frequently escapes and trespasses onto another person’s property?

A: Stock that habitually escapes is considered “notoriously mischievous” and must be confined to the owner’s premises. The livestock owners would be strictly liable for damages caused by the animals if the animal is notoriously mischievous.

Q: Am I responsible for damages to someone else if my livestock trespass onto their property?

A: Tennessee is considered a “fence in” state. This means that a neighbor must fence in his property in order to keep escaped livestock out. When a neighbor’s property is damaged by roaming livestock and the livestock does not habitually escape, the livestock owner is not liable for any damages if the neighbor does not have a fence or if the neighbor’s fence is deemed insufficient. In the event that the neighbor’s fence auses the livestock to be maimed, wounded or killed then the neighbor would be liable for paying damages to the livestock owner. If livestock escaped through a partition fence, the livestock owner would be liable for damages only if the owner had refused to or neglected to maintain the partition fence and if the adjoining landowner had maintained their portion of the fence.


Wow, that last answer would appear, upon a quick reading, to make it the non-owner's responsibility to have enough fence to keep marauding cows out, even though the livestock's owner is require to control their critters.


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In it is contentment
In it is death and all you seek
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THAT is exactly right......

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Has anyone mentioned….

A) connibear traps?
B) poison frog darts?
C) a pet lion to patrol the yard?


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Originally Posted by BigDave39355
Has anyone mentioned….

A) connibear traps?
B) poison frog darts?
C) a pet lion to patrol the yard?

When you want no-nonsense feedback, Dave is your man.

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Wild cherry trees. Wilted leaves problem solved

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Originally Posted by PaulBarnard
Originally Posted by BigDave39355
Has anyone mentioned….

A) connibear traps?
B) poison frog darts?
C) a pet lion to patrol the yard?

When you want no-nonsense feedback, Dave is your man.

Surprised you didn't suggest a 24 hour Bike Patrol. Most cows I've run across don't like them things and run the other way.


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In it is contentment
In it is death and all you seek
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Originally Posted by Valsdad
Originally Posted by Squidge
https://tnfarmbureau.org/wp-content/uploads/2016/05/TN-Fence-Laws-Bro_1.pdf

Quote
Livestock Confinement

Q: Does Tennessee law require that livestock be confined?

A: Livestock is not allowed to run-at-large in Tennessee. Owners who willfully allow this to happen could be charged with a class C misdemeanor. Any person who suffers damage from livestock running-at-large could have a lien placed on the animals until the damages are recovered. Fences enclosing livestock should be made of sufficient material according to the law.

Q: What if my livestock frequently escapes and trespasses onto another person’s property?

A: Stock that habitually escapes is considered “notoriously mischievous” and must be confined to the owner’s premises. The livestock owners would be strictly liable for damages caused by the animals if the animal is notoriously mischievous.

Q: Am I responsible for damages to someone else if my livestock trespass onto their property?

A: Tennessee is considered a “fence in” state. This means that a neighbor must fence in his property in order to keep escaped livestock out. When a neighbor’s property is damaged by roaming livestock and the livestock does not habitually escape, the livestock owner is not liable for any damages if the neighbor does not have a fence or if the neighbor’s fence is deemed insufficient. In the event that the neighbor’s fence auses the livestock to be maimed, wounded or killed then the neighbor would be liable for paying damages to the livestock owner. If livestock escaped through a partition fence, the livestock owner would be liable for damages only if the owner had refused to or neglected to maintain the partition fence and if the adjoining landowner had maintained their portion of the fence.


Wow, that last answer would appear, upon a quick reading, to make it the non-owner's responsibility to have enough fence to keep marauding cows out, even though the livestock's owner is require to control their critters.

To my eye, I think it refers to the responsibility to maintain your half of a boundary fence.

It is traditional that you walk up to the center of a fence between adjoining properties . Everything to your right is your responsibility.

You can hardly hold a landowner accountable for his stock on your property, if you fail to maintain your half of the fence.


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Originally Posted by Idaho_Shooter
Originally Posted by Valsdad
Originally Posted by Squidge
https://tnfarmbureau.org/wp-content/uploads/2016/05/TN-Fence-Laws-Bro_1.pdf

Quote
Livestock Confinement

Q: Does Tennessee law require that livestock be confined?

A: Livestock is not allowed to run-at-large in Tennessee. Owners who willfully allow this to happen could be charged with a class C misdemeanor. Any person who suffers damage from livestock running-at-large could have a lien placed on the animals until the damages are recovered. Fences enclosing livestock should be made of sufficient material according to the law.

Q: What if my livestock frequently escapes and trespasses onto another person’s property?

A: Stock that habitually escapes is considered “notoriously mischievous” and must be confined to the owner’s premises. The livestock owners would be strictly liable for damages caused by the animals if the animal is notoriously mischievous.

Q: Am I responsible for damages to someone else if my livestock trespass onto their property?

A: Tennessee is considered a “fence in” state. This means that a neighbor must fence in his property in order to keep escaped livestock out. When a neighbor’s property is damaged by roaming livestock and the livestock does not habitually escape, the livestock owner is not liable for any damages if the neighbor does not have a fence or if the neighbor’s fence is deemed insufficient. In the event that the neighbor’s fence auses the livestock to be maimed, wounded or killed then the neighbor would be liable for paying damages to the livestock owner. If livestock escaped through a partition fence, the livestock owner would be liable for damages only if the owner had refused to or neglected to maintain the partition fence and if the adjoining landowner had maintained their portion of the fence.


Wow, that last answer would appear, upon a quick reading, to make it the non-owner's responsibility to have enough fence to keep marauding cows out, even though the livestock's owner is require to control their critters.

To my eye, I think it refers to the responsibility to maintain your half of a boundary fence.

It is traditional that you walk up to the center of a fence between adjoining properties . Everything to your right is your responsibility.

You can hardly hold a landowner accountable for his stock on your property, if you fail to maintain your half of the fence.
If I don't have stock I don't need a fence.


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Originally Posted by earlybrd
Wild cherry trees. Wilted leaves problem solved
Or Sudan grass, or sorghum. Johnson grass has already been mentioned. Lots of natural sources of cyanide.

Heck, lupine and loco weed make beautiful flowers, and they don't take much water. Let the dog run the cows for ten minutes so they are nice and hot before they hit the ornamentals. Several will probably not make it out the other side.


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