# What would you do with a crazy neighbors horse?



## CNCfamily (Sep 13, 2010)

I'll try to make this long story short! 

I moved three of my horses into a pasture that we have permission to use. The crazy neighbors loco horse came through the fence, in with my horses. I fixed the fence, went and talked to the owner. He told me it is MY fault that HIS horse is in my pasture. He said "She'll go through anything to be in with other horses. I cant keep her over here if you have horses over there." He seriously got the blank stare from me when he said that. I honestly didn't know what to say.... He refuses to come get her and I cant catch her, because she's loco. You cant get within 15 feet of her, unless you are on her blind eye side. 

I'm extremely irritated, because i cant just run a hose to this pasture. I have to haul water back there. So i called the Sheriff's, they came out and talked to the crazy guy and told me there's nothing they can do about it because it's open range here. Basically, i am responsible for fencing critters OUT. Well, fine, i fixed the dang fence, now get this horse OUT!

I've put up with it for almost two months now, because it's just not worth the stress with everything else i have going on. But now they are out of feed and i need to start throwing hay. I REFUSE to feed someone else's horse MY expensive hay, _especially_ after it's been on _free_ graze pasture for two months. 

So here's my options. I'm either going to let her out on her own, or move my horses to a different pasture and leave her back there with no feed or water, then report her as a neglected animal (which, i'm fairly certain is a felony if convicted) OR i have a buddy that can come help me rope her and get her in a trailer and i'll take her to a guy that takes horses to Canada...

I'm starting to get feisty about this, because it annoys me that someone has so little responsibility that they let someone else take care of their horse, and apparently has so little use for the horse that they dont even care where she is! Last year, this same horse got out of their make-shift "corral" and wandered around for THREE days before we figured out where she belonged. I have no idea how they got her back in. 

I think i'm going to go talk to them one more time and tell them i am no longer putting up with their horse and that i WILL report them for neglect. I'll wait til Monday, because i want to call the Humane Society or something to see if i have any other options. I really dont care what happens to her, but i also dont want her to suffer because she has ignorant owners.

Whaddya think?


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## Stonybrook (Sep 22, 2007)

CNCfamily said:


> OR i have a buddy that can come help me rope her and get her in a trailer and i'll take her to a guy that takes horses to Canada...


Um, I wouldn't do that because it is stealing. 

Check the laws in your state. Most states have some sort of statute defining when an animal is considered abandoned. Document when the horse came over to your place and when you talked to the owner. Heck, send the owner a certified note asking him to move his horse. That is all you need to say on it. When the horse has been there long enough to meet the criteria for being abandoned call animal control and have it picked up. Or, you could put up some good solar powered electric fence. Personally, I would do the former and have animal control pick her up. She might have the chance at a better life. Poor horse. Can you blame her?


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## CNCfamily (Sep 13, 2010)

Stonybrook said:


> Um, I wouldn't do that because it is stealing.
> 
> Check the laws in your state. Most states have some sort of statute defining when an animal is considered abandoned. Document when the horse came over to your place and when you talked to the owner. Heck, send the owner a certified note asking him to move his horse. That is all you need to say on it. When the horse has been there long enough to meet the criteria for being abandoned call animal control and have it picked up. Or, you could put up some good solar powered electric fence. Personally, I would do the former and have animal control pick her up. She might have the chance at a better life. Poor horse. Can you blame her?


Well, they apparently think the horse will go through any fence, so how do they know where she went? (That isn't my first choice, btw...it was just an offer from my friend! Lol!)

The problem is, we dont HAVE animal control here. We're rural county, not city. So we've got the Sheriff's instead, and they are kind of useless in this situation!

And i'm most definitely NOT going to put money into an electric fence because of SOMEONE ELSE'S horse. If it was MY horse getting out, fine. But it's not, it's theirs. THEY need to invest the money to keep her contained... It's not my problem they have a horse they cant control.


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## 6e (Sep 10, 2005)

Maybe you could rope her and then haul her back to the guy? In this state, if an animal in on your property for more than 30 days and the owners have been contacted and refuse to come get them--I believe the law says that they have to be given 3 notices within that 30 days, one of them being a certified letter--then you are within your legal rights to sell the animal. You might find out the laws there and then if he refuses to come get the horse and make some sort of arrangements to keep her in....like stringing up a hot wire.....then catch her and send her to the auction or give her away to someone that has tall pipe fencing. It's too bad. Stonybrook is right. It's not the mare's fault she's a mess. Nobody took the time to teach her any different. 

Seems like a lot of hassle to move yours, but it may be more peaceful for you if you do. :-( Good luck to you in whatever you choose to do.


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## Shoupie (Mar 21, 2009)

Yep, rope her up and take her to animal control. Tell them the owner abandoned the animal in your pasture... which they did and that after numerous attempts to contact them and return the horse to them they refused to come pick her up or attempt to reclaim ownership of her. Animal control will charge him daily board fees, the animal will probably be rescued and you've done the right thing without risking a lawsuit.


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## deaconjim (Oct 31, 2005)

1. Take pictures of your good fence and the neighbor's horse in its own pasture. Make sure the photo is date stamped.

2. Take pictures of your damaged fence and your neighbor's horse in your pasture. Again, make sure the photos are date stamped.

3. Call your sheriff and report the damage and unclaimed horse on your property, get a police report.

4. Take your neighbor to court for the damages to your fence and rent on your pasture. Any charges brought against your neighbor for neglect are not your fault.


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## jill.costello (Aug 18, 2004)

I believe you were already told: "This is a free-range state. You must fence to keep other's animals *OUT*..."

So, run that horse OUT of your property and THEN run the electric. To keep it *OUT*.

Tie your horses, or take them to a friend's place for the day. Swing your gate wide and say "gittonouttahere! Hyah!" to the loco horse.

THEN, immidiately CALL THE SHERRIFF and report a horse running loose; tell him if a car hits it, the passengers could be seriously injured.


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## onthespot (Oct 7, 2007)

You would be liable if you ****'d the horse out on the road. I think if it were me, I'd create a gap in the fence, lead all my horses through the gap. when she follows, bring yours back through, close the gap, put on SERIOUS hot wire, and let her learn a lesson.


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## CNCfamily (Sep 13, 2010)

onthespot said:


> You would be liable if you ****'d the horse out on the road. I think if it were me, I'd create a gap in the fence, lead all my horses through the gap. when she follows, bring yours back through, close the gap, put on SERIOUS hot wire, and let her learn a lesson.


You know, at three months pregnant, i'm not thinking i want to create THAT much fence to fix!!!


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## jennigrey (Jan 27, 2005)

So, correct me if I'm wrong but, since it's a free range area, he could just let his horse run free, right? And it's everyone else's responsibility to fence sufficiently to keep his horse out of their garden, hay field, corn field, pasture, etc.?

So hot wire might be your only option. If you need to keep his horse out of your pasture, you need to approach the problem from that angle. Not from the angle of "he has to contain his horse". If I'm right in my interpretation of the free range laws, since it's a free range area, he is not legally required to contain his horse.

Morally, well, that's a different story.


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## CNCfamily (Sep 13, 2010)

jennigrey said:


> So, correct me if I'm wrong but, since it's a free range area, he could just let his horse run free, right? And it's everyone else's responsibility to fence sufficiently to keep his horse out of their garden, hay field, corn field, pasture, etc.?
> 
> So hot wire might be your only option. If you need to keep his horse out of your pasture, you need to approach the problem from that angle. Not from the angle of "he has to contain his horse". If I'm right in my interpretation of the free range laws, since it's a free range area, he is not legally required to contain his horse.
> 
> Morally, well, that's a different story.


So if i just let the dumb horse out of MY pasture so it's not eating MY hay, then it's HIS problem...right? I'm not spending that much money to hot wire a pasture that's not even mine. I seriously doubt the horse REALLY goes through any fence, he just doesn't keep his corrals and fences in good working order. The horses obviously haven't gone back to the other side of the fence where there is TONS of green grass since i fixed the fence...


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## G3farms (Dec 18, 2009)

Open the gate and let all of the horses graze on his pasture, yard, hay, what ever he has to offer. Then just tell him it is open range and you can't do anything about it.


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## TJN66 (Aug 29, 2004)

Only commenting so I can see what happens in the end.


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## Common Tator (Feb 19, 2008)

I just spent the past two weeks looking for a new companion for my mare, because our gelding has passed away. I thought that responsible horse owners did things like that!


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## CNCfamily (Sep 13, 2010)

G3farms said:


> Open the gate and let all of the horses graze on his pasture, yard, hay, what ever he has to offer. Then just tell him it is open range and you can't do anything about it.


Seriously, i WOULD because there really is a lot more grass over on his side...probably because his horse is over HERE..... But his "yard" looks like a dilapidated junk yard. I'm afraid my horses would be seriously injured! 



Common Tator said:


> I just spent the past two weeks looking for a new companion for my mare, because our gelding has passed away. I thought that responsible horse owners did things like that!


Exactly! This is also one of the owners excuses. He claims their old horse died recently and she used to stick around because the other horse was there but now she roams because she doesn't have a "friend". 

So, Tator, are you still looking for a companion horse? I know where one is you can have for dirt cheap!  Kidding! Sort of..... >


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## farmergirl (Aug 2, 2005)

Hot wire fencing is cheap. 
Put up the hotwire fencing, it shouldn't take much time if there are existing metal or wood fenceposts.
Then turn the unwanted horse loose, keeping your horses in your rented pasture.
Turn on juice to hotwire.

Or, you could just ask the horse's owners to help pay for the hay you are feeding THEIR horse.


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## wr (Aug 10, 2003)

You're going to start having problems with your own horses if she's hard to catch. I think I'd be inclined to call the neighbor and tell him that if he does not remove his mare by a specific date, you'll be hauling her to auction on the next available sale date.


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## jennigrey (Jan 27, 2005)

CNCfamily said:


> So if i just let the dumb horse out of MY pasture so it's not eating MY hay, then it's HIS problem...right? I'm not spending that much money to hot wire a pasture that's not even mine. I seriously doubt the horse REALLY goes through any fence, he just doesn't keep his corrals and fences in good working order. The horses obviously haven't gone back to the other side of the fence where there is TONS of green grass since i fixed the fence...


Yes, that's correct. Just exclude it from your pasture in some fashion. If it comes back through, it's still up to you to get it out of your pasture again. I strongly encourage you to look up "open range laws" for your area.



wr said:


> You're going to start having problems with your own horses if she's hard to catch. I think I'd be inclined to call the neighbor and tell him that if he does not remove his mare by a specific date, you'll be hauling her to auction on the next available sale date.


If OP is living in an open range area, she cannot legally do that. To do that, the law would have to recognize individual property owners' rights over the right of livestock owners to allow their animals to wander. Open range laws do not do that. Think "sacred cows" in India. In areas where open range laws are in effect, the animals may not be shot, sold, etc. except by the legal owner. If you don't want the livestock on your land, you have to actually fence them out, not just make an attempt at fencing them out. Making a fence doesn't make the livestock tresspassers when they breach the fence. You just have to run them out again and beef up (no pun intended) your perimeter.


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## wr (Aug 10, 2003)

jennigrey, if that is the case, wouldn't she be entitled to some compensation for feed or would that just be considered a loss associated with not fencing the horse out? Since it is open range, is would she be responsible if the horse were to go missing?


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## CNCfamily (Sep 13, 2010)

wr said:


> jennigrey, if that is the case, wouldn't she be entitled to some compensation for feed or would that just be considered a loss associated with not fencing the horse out? *Since it is open range, is would she be responsible if the horse were to go missing?*


THAT was one of my biggest questions to the Sheriff's (for which they had no answer....) that if something were to happen to her, what is my responsibility?


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## PNWest (Mar 15, 2010)

Remove your horses. La Loca will leave the pasture looking for other horses.
You would not be responsible for the well being of the crazy horse, you are no longer using the premises.

A crazy horse will infect or esculate any abberant behaviour your own horses have. The craziness could be a sign of illness, neglect or disease.


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## Mare Owner (Feb 20, 2008)

If it were me, crazy neighbor's horse would get caught and put in a trailer. Then hauled to the neighbor when they were home. Unload horse and hand them the rope and they can do what they want with their own horse.

I'd also put up hotwire along the fence line, cheap and pretty easy to do and really works well.


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## snowshoehair (Jul 3, 2008)

I wouldnât touch that horse with a 10 foot pole, even if it meant taking it to auction. The less involved you are with handling the horse, the better. 

There may be a certain responsibility or liability by allowing the horse to stay in your pasture or by handling it/trailering it. And I do not believe there would be any responsibility for what the horse does if it were on the loose again. Itâs already established that you do not own this horse. 

I would handle it by sending the horse on its way out the gate, however that gets accomplished. _(Gee, horsie broke into my pasture and then broke out of it and is gone!)_ And then slap up a hotwire to keep it out. Horsie has already established that it has no respect for your fence.


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## jennigrey (Jan 27, 2005)

wr said:


> jennigrey, if that is the case, wouldn't she be entitled to some compensation for feed or would that just be considered a loss associated with not fencing the horse out? Since it is open range, is would she be responsible if the horse were to go missing?


Nope, not entitled to compensation. It's legally considered her fault for not sufficiently excluding the unwanted livestock. Same thing would happen if, say, a farmer had a field of corn that had insufficient fencing (or no fencing) and a herd of cattle came through and ate it. Farmer's loss for not excluding the cattle. That's the whole thing with open range laws.

If the horse were to "disappear" without a trace, that'd be one thing. But now that she has mentioned the problem on a public forum, well, that might not be the best idea.

As far as I know, booting the unwanted horse out of the corral and preventing its re-entry does not open her up for any liability if, say, the horse kicks a little kid or gets hit on the road and total a car. The owner might be liable in the case of the little kid getting hurt; I'm not certain about that. But the owner *wouldn't* be liable if his horse plays in traffic and gets hit by a car. In fact, it's possible that the owner/driver of said car might be liable for the damage to the horse! Again, open range laws at work here.


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## jennigrey (Jan 27, 2005)

CNCfamily said:


> THAT was one of my biggest questions to the Sheriff's (for which they had no answer....) that if something were to happen to her, what is my responsibility?


If you were asking the Sheriff about your possible liability if the horse were to "go missing" or "wander off" or "disappear", then you'd better not make that horse disappear because they would have probable cause to hit you with theft.

If you haven't already, ask the Sheriff specifically if you can kick the horse out of your pasture and shut the gate behind it without opening yourself for liability.


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## Lisa in WA (Oct 11, 2004)

I haven't read all the replies but I live in Idaho, in open range country, have horses and we own a fencing company.
If you have a "lawful fence" you can put a lien on trespassing animals and their upkeep. Open range isn't just a free pass to be a crappy animal owner.


TITLE 35 
FENCES
CHAPTER 1 
FENCES IN GENERAL
35-101.Lawful fences in general. A lawful fence, except as hereinafter provided, must be not less than four and one-half (4 1/2) feet high, and the bottom board, rail, pole or wire must not be more than twenty (20") inches above the ground, and the space between the top and bottom board, rail, pole or wire must be well divided.
http://www.legislature.idaho.gov/idstat/Title35/T35CH1SECT35-101.htm
CHAPTER 22. TRESPASS OF ANIMALS 

25-2201. Special lien on trespassing animals 
Any person having a field of [or] enclosure with a "lawful fence" as described in chapter 1, title 35, Idaho Code, entirely surrounding the field or enclosure shall have a special lien upon, and may take up any domestic livestock such as cattle, horses, mules, donkeys, sheep, goats or other domestic livestock which break into the enclosure. The lien will include the care and feeding of the livestock and other charges as provided for in chapter 23, title 25, Idaho Code, in relation to estrays. The lien is not dependent upon possession. It may be perfected by following the provisions of this chapter which are required of the lien claimant. 
http://asci.uvm.edu/equine/law/fence/id_fnc.htm

If my neighbor's buffalo comes through my lawful fence (even in open range) and gores one of my horses...you can bet I have legal recourse. If the sheriff doesn't know the laws, call your district attorney.


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