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Featured Dangerous Studs and Improper Fences #2

Discussion in 'Horse Chat' started by QuarterHorseMomma, Dec 18, 2016.

  1. QuarterHorseMomma

    QuarterHorseMomma Full Member

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    So for those of you who were helping me before obviously my letter didn't work now I am pressing charges but to cover myself I will be sending out a new letter with some revisions and need feedback. I do not know what else to do in this situation. I believe I've went above and beyond my responsibility but she seems to think she is above the law.... any help would be appreciated. The letter will be notarized and sent out tomorrow as a certified letter. I'm tired of the games.


    ****************************************
    Persons Name
    Stables Name
    Address
    City & State

    Name,
    I am writing you regarding your fence, your stallions and yourself. On November 13, 2016 your stallions got out of your pasture and were trespassing onto our property trying to tear through our fence. I couldn't reach you by phone and was forced to call the police department. I ran your stallions off of our fence multiple times to no avail. You came out that night and instead of moving them or fixing the fence you piled up sticks along with a old gate and left it. It's now December 19th 2016 and the fence is still not fixed. Your stallions are still trying to get to my mare on a daily basis and still escape your pastures. Since that night I have put up a secondary fence inside our fence costing me approximately $300.00 of which I have receipts. On the morning of Sunday December 18th 2016 your stallion jumped our fence and was trespassing on our property. You decided not to call or try to contact us in anyway. You pushed through our automatic gate and then proceeded to take our other automatic gate off the hinges so you could catch him. You then replaced the hinges (however you put them on wrong) you then forced our gate by the road back open far enough for your horse to fit through. We have photographic proof of this as you were caught on a surveillance camera. I also want to note that our gate opener is now not working properly. I would like to inform you that our fence is not on the property line and the land outside of the fence is also ours. Therefore when your stallions escape they are in fact trespassing even if they are not inside the fence. I am writing to you to inform you of the laws in South Carolina. If you or your stallions destroy any of our fences and or cause any damage to my mare you are liable. I will seize your stallions if they are trespassing until all damages are paid for in full. If you do not pay the full amount for the damages within 12 hours you will also be responsible for all routine care, emergency care and any maintenance your stallions receive while in my possession. If my mare is impregnated by one of your stallions you will be responsible for all of her veterinarian bills throughout the pregnancy. If my mare is injured you will be responsible for any and all of her veterinarian bills. If any of her injuries result in her death or having to be euthanized you will be responsible not only for her veterinarian bills but also for her full value of $4,500.00 and the fee for her burial. The police will be notified and the correct charges will be filed every time you or your horses trespass onto our property. I've done more than my fair share to ensure your stallions can't get to my mare and I'd appreciate it if you would do your part and be a responsible horse owner. I have attached the Livestock Laws for South Carolina for you as a reference. You may reach me during the day or in the evenings after 9 a.m. and until 10 p.m. at 843-###-####. I need to speak with you as soon as possible in regards to having a veterinarian out within the 16 to 30 days for a palpation to ensure my mare is not pregnant as she is in heat and has not been exposed to any stallions besides your stallion on the morning of December 18th 2016.
    Sincerely,
    My Name
    My Address
    City & State

    South Carolina Livestock Laws

    47-7-110. Permitting domestic animals to run at large unlawful.
    It shall be unlawful for the owner or manager of any domestic animal of any description willfully or negligently to permit any
    such animal to run at large beyond the limits of his own land or the lands leased, occupied or controlled by him. Any owner, manager or person violating the provisions of this section shall be subject to a fine for each offense of not more than twenty-five dollars or to imprisonment for not more than twenty-five days.

    47-7-130. Liability of owners of trespassing stock.
    Whenever any domestic animals shall be found upon the lands of any other person than the owner or manager of such animals, the owner of such trespassing stock shall be liable for all damages sustained and for the expenses of seizure and maintenance. Such damages and expenses shall be recovered, when necessary, by action in any court of competent jurisdiction. And the trespassing stock shall be held liable for such damages and expenses, in preference to all other liens, claims or encumbrances upon it.

    47-7-140. Right to seize trespassing stock.
    Any freeholder or tenant of land, his agent or representative, may seize and hold possession of any domestic animal which may be trespassing upon his premises and as compensation for such seizure may demand of the owner of every such horse, mule, ass, jenny, bull, ox, cow, calf, swine, sheep, goat, or other animal not herein named, just damages for injuries sustained. Such claim shall, when possible, be laid before the owner of the trespassing stock within forty-eight hours after seizure of the stock.

    47-7-150. Liability of owner for maintenance; bond; recovery of possession.
    In case the claim shall not be amicably or legally adjusted and the trespassing animals recovered by the owner within twelve hours after the receipt of such notification, the owner shall further become liable in a sum sufficient to cover the maintenance and care of his stock up to the time of its removal. But the owner shall be entitled to recover immediate possession of his stock on due execution of such bond to cover expenses and claimed damages as any magistrate shall decide to be good and sufficient.




    **********************************
    My original post is below
    Ok so the property is moved to was my cousins. The moved to another section and sold me this one. She sold her horses years ago. Here's the thing they have been here for 20+ years and then about 15 years ago the neighbor moved in. Our fences is 1 ft off the property line. It's wire fence (not hot wire) it's 4 foot tall and secure. The neighbor put her fence right on the property line. It's two strands that I kid you not are at most 1.5 ft high. Her studs are ill mannered and have tried tearing through our fence to get to my mare (she is not in heat). The owners trying to blame me because I own mare. She is not constantly at the fence and her stud is literally trying to tear into my yard. I called the police out last night and they told her he was out and trying to get in. Her solution was not to move him somewhere else on her 20 acres nor fix the fence but to just piled up sticks and a old gate and leave it. He's still trying to tear down the fence... I'M at a loss. I've called animal control (but she seems to always get off the hook with them) my question is if her stud gets in my yard when I'm not home and hurts my mare, tears up my fence or impregnates her who is responsible? Will she be the one paying for the foal to be aborted? Will she be responsible for vet bills? I'm to the point thattomorrow I'm going to buy hot wire and a box to not only run across the top of the fence but to come inside our fences 5 ft and put up a hot wireally fence. It's sad I have to do this. She believes her horses are angels knowing that they have no manners. She never used to feed them and had multiple starve yet animal control did nothing. She also beats them all the time just to "getcontrol" of them. Me boarding her is not a option as I moved here to keep her in the yard. I don't board and shouldn't have to board because of her irresponsibility. Her main argument was it was because she was in heat. I proceeded to tell her that she isn't and she replies well she will be! I replied ok and? She's in my yard not bothering anyone or trying to tear through fences. She then tells me I need to put up stronger fences. Ummm what?
    PS please excuse the mess. It's not ours. It is stuff my cousin still is in the process of moving.
     
    secuono and ElegantEquines like this.
  2. bellalou

    bellalou Senior Member

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    I cleaned up your letter and streamlined it a bit. Shorter and less rambling is always better. I also put it into paragraphs to make it clearer. You might want to talk to a lawyer as well just to make sure you're not missing anything but often a good letter can work wonders. Good luck. Sounds like a nightmare.


    Name,


    On November 13, 2016 your [put number of horses here] stallions got out of your pasture and trespassed onto our property where they tried to tear through our fence. Because I could not reach you by phone, I was forced to call the police department. I ran your stallions off of our fence multiple times to no avail. You came out that night and instead of moving them or fixing the fence you piled up sticks along with an old gate and left it.


    It is now December 19, 2016 and the fence is still not fixed. Your stallions are still trying to get to my mare on a daily basis and continue to escape your pastures. Since that night I have put up a secondary fence inside our fence costing me approximately $300.00 for which I have receipts.


    On the morning of Sunday December 18, 2016 your stallion jumped our fence and was again trespassing on our property. Instead of calling or trying to contact us, you pushed through our automatic gate and then proceeded to take our other automatic gate off the hinges so you could catch him. You then replaced the hinges incorrectly and forced our gate by the road back open far enough for your horse to fit through, which was photographed by a surveillance camera. Our gate opener is now not working properly.


    Please be aware that our fence is not directly on the property line and the land outside of the fence is also ours. Therefore when your stallions escape they are in fact trespassing even if they are not inside the fence.


    The laws in South Carolina are very clear. If you or your stallions destroy any of our fences and or cause any damage to my mare you are liable. I do have the right and will seize your stallions if they are trespassing until all damages are paid for in full. If you do not pay the full amount for the damages within 12 hours of receipt of this letter, you will also be responsible for all routine care, emergency care and any maintenance your stallions receive while in my possession.


    If my mare is impregnated by one of your stallions you will be responsible for all of her veterinary bills throughout the pregnancy. If my mare is injured you will be responsible for any and all of her veterinary bills. If any of her injuries result in her death or having to be euthanized you will be responsible not only for her veterinary bills but also for her full value of $4,500.00 and the fee for her burial.


    The police will be notified and the correct charges will be filed every time you or your horses trespass onto our property. I've done more than my fair share to ensure your stallions can't get to my mare and I expect you to do your part as a responsible horse owner. I have attached the Livestock Laws for South Carolina for you as a reference.


    You may reach me during the day or in the evenings after 9 a.m. and until 10 p.m. at 843-###-####. Please contact me as soon as possible as I must have a veterinarian out within16 to 30 days for a palpation to ensure my mare is not pregnant. She is in heat and has not been exposed to any stallions besides your stallion on the morning of December 18, 2016.


    Sincerely,
    My Name
    My Address
    City & State

    South Carolina Livestock Laws

    47-7-110. Permitting domestic animals to run at large unlawful.
    It shall be unlawful for the owner or manager of any domestic animal of any description willfully or negligently to permit any
    such animal to run at large beyond the limits of his own land or the lands leased, occupied or controlled by him. Any owner, manager or person violating the provisions of this section shall be subject to a fine for each offense of not more than twenty-five dollars or to imprisonment for not more than twenty-five days.

    47-7-130. Liability of owners of trespassing stock.
    Whenever any domestic animals shall be found upon the lands of any other person than the owner or manager of such animals, the owner of such trespassing stock shall be liable for all damages sustained and for the expenses of seizure and maintenance. Such damages and expenses shall be recovered, when necessary, by action in any court of competent jurisdiction. And the trespassing stock shall be held liable for such damages and expenses, in preference to all other liens, claims or encumbrances upon it.

    47-7-140. Right to seize trespassing stock.
    Any freeholder or tenant of land, his agent or representative, may seize and hold possession of any domestic animal which may be trespassing upon his premises and as compensation for such seizure may demand of the owner of every such horse, mule, ass, jenny, bull, ox, cow, calf, swine, sheep, goat, or other animal not herein named, just damages for injuries sustained. Such claim shall, when possible, be laid before the owner of the trespassing stock within forty-eight hours after seizure of the stock.

    47-7-150. Liability of owner for maintenance; bond; recovery of possession.
    In case the claim shall not be amicably or legally adjusted and the trespassing animals recovered by the owner within twelve hours after the receipt of such notification, the owner shall further become liable in a sum sufficient to cover the maintenance and care of his stock up to the time of its removal. But the owner shall be entitled to recover immediate possession of his stock on due execution of such bond to cover expenses and claimed damages as any magistrate shall decide to be good and sufficient.
     
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  3. CheyAut

    CheyAut Senior Member

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    You have proof her her trespassing and damaging your property. Have you contacted the police with the photos? I know it didn't matter in my case :/
     
  4. Lopinslow

    Lopinslow Senior Member

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    If the mare were covered ,wouldn't why wouldn't you just give lutalyse so she wouldnt get pregnant? Mention that in the letter as well
     
  5. QuarterHorseMomma

    QuarterHorseMomma Full Member

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    Yes they said it is a civil matter but they would inform her of the damages and that we have the picturesand she needed to contact us. She didn't. Shocker.
     
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  6. QuarterHorseMomma

    QuarterHorseMomma Full Member

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    Well that is the plan if we catch it. However if for some reason like yesterday when he jumped both of my fences nobody would have knew if we didn't catch her on camera. So if he would've jumped back over I wouldn't have ever noticed.
     
  7. QuarterHorseMomma

    QuarterHorseMomma Full Member

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    Thank you so much. It was a mess but I'm so aggravated everytime I tried to reword it is just gave up. I'll have it printed off today, notarized and mailed out.
     
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  8. BluemoonOKy

    BluemoonOKy Senior Member

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    This thread makes me grateful that on one side of my property is a creek and the other side is a steep Ridge of trees and front property faces the one lane road, behind us is also the creek and no adjoining gates. I would be livid if this was happening here.
    Personally, I would contact the police and file criminal charges for trespassing immediately today (it is a criminal matter in north carolina) since you state you have photographic evidence. If a regular officer wont help you, id ask to speak to the sargeant or captain. And, I would not call but I would go to the police station. I would probably contact a lawyer.
    That will initiate to them you are not playing. And, I would ask to charge them with damages incurred as part of the criminal charges of trespassing.
    Are you mailing the letter certified ? I would so you have proof they rcd it.
     
  9. QuarterHorseMomma

    QuarterHorseMomma Full Member

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    Yes it'll be mailed via certified and I'm also paying our PD $10 to deliver it so she can't say she never got the card stating she needed to come sign for a certified letter. I thought tresspassing, destruction of private property and animal at large were pretty big deals but apparently not.
     
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  10. BluemoonOKy

    BluemoonOKy Senior Member

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    If the police won't help you, next contact your city council rep and see what they can do to help. Document, document, document dates and times and people, everything....I don't understand why, if you have evidence of a crime being committed, the police won't help. This is why you should speak with the captain, or chief if you have to, instead of a peon.
     

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