If neighbor poisoned our birds, what can I do?

[Ksane]

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If they're sticking their heads through the fence and eating it in the neighbor's yard then you have no case. Even if it was poisoned millet.

 

[toochicky]

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If they're sticking their heads through the fence and eating it in the neighbor's yard then you have no case. Even if it was poisoned millet.

I dont know,... they might have a case if this is poultry was intended for their consumption, because then it is attempted murder. The theory being that if the neighbor intentionally poisoned their birds and they were to eat those birds, the meat would then make them ill.

Its tricky. I feel bad for OP. What nasty neighbors to live by and if they are capable of poisoning an animal, what else would they do?

 

[Chinchilla2]

Yes, replace them with peacocks, use only peacocks and not any peahens. They climb into mulberry trees and scream repeatedly at the two poor confused dachshund dogs that are just trying to enjoy a little sunshine under said leafless mulberry tree. They do this day in and day out. They scream and scream and scream. Which is why I am going to go con this extremely noisy creature down out of MY tree with some pumpkin guts and haul his butt back across the road and dump him unceremoniously into the field he belongs in. Goo gawd, peacocks are loud.

 

[Chinchilla2]

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Has the neighbor previously had millet there or is this a new thing? If it is a new occurrence that is luring, the same as offering a small child candy if they would just help you find your lost puppy. It would also fall under the category of baiting since we are talking animals here. It would depend upon the laws in your state and community but here it is just as illegal as tossing food over the fence.

 

[Sonoran Silkies]

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If they're sticking their heads through the fence and eating it in the neighbor's yard then you have no case. Even if it was poisoned millet.

Not sure on that one. He is baiting them...and it may well count for something.


Before reading bout the millet, I was going to say that the level of proof in civil court is substantially lower than in criminal court. Game cameras and silent alarms (motion detector tied to a alarm system that goes off in your house, not at the site) are useful tools for documenting what is actually going on. Recording a conversation with him without his knowledge may or may not be legal--different states have different laws. Some allow recording if one party is aware of it; others require all parties to be aware of the recording. In any case, check your state's laws on it, and also determine the penalties, and to what extent it would affect police investigation or legal procedings if all parties must be aware of the recording.

You might want to consult with an attorney about civil proceedings--even if you chose to go to small claims court and represent yourself--knowledge about how to proceed is probably worth the cost for a consultation.

 

[Sonoran Silkies]

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Has the neighbor previously had millet there or is this a new thing? If it is a new occurrence that is luring, the same as offering a small child candy if they would just help you find your lost puppy. It would also fall under the category of baiting since we are talking animals here. It would depend upon the laws in your state and community but here it is just as illegal as tossing food over the fence.

I agree--if the OP's birds were hopping his fence and eating feed out of bird feeders that are not near the fenceline, and that the neighbor has made a habit of keeping filled, that is entirely different than pouring millet out along teh fenceline where the birds are, and has just started very recently as the feud has escalated.

 

[Sonoran Silkies]

Quote:
If they're sticking their heads through the fence and eating it in the neighbor's yard then you have no case. Even if it was poisoned millet.

I dont know,... they might have a case if this is poultry was intended for their consumption, because then it is attempted murder. The theory being that if the neighbor intentionally poisoned their birds and they were to eat those birds, the meat would then make them ill.

Its tricky. I feel bad for OP. What nasty neighbors to live by and if they are capable of poisoning an animal, what else would they do?

More likely reckless endangerment, and if anyone dies, criminally negligent homicide. Murder usually includes the intention to kill the human, not an accidental outcome. However, in all cases pretty severe felonies.

Sad to say, but a lot of folks see no harm in poisoning "nuisance" animals--but would be shocked beyond belief at the thought of poisoning a pet dog. Illogical, but...

 

[Abirdbrain]

Dont talk , DO. By the common law of the land, what would a prudent person do?

It is your basic right to keep and harbor pets, or raise food within your premisis. Local codes deal with this. (Code issue, should be dealt with in codes Board of advisors)

To lure, threaten and destroy an animal clearly owned and mastered by you is illegal. Especially if it poses no threat.

To adulterate a food source, of any type, is clearly Illegal. Any beast, pet, man, or child that is threatened by this condition, makes for criminal intent to harm, you pick the level.

Once you step into the court room, you must not have any mercy. This is a dangerous individual, with a criminal mind, crush, harrass, and drive him from his house and your proximity. Ducks and chix are cheap, peace of mind is not sometimes. Do not let the darkness limit you. Let his inspired fear crystalize your actions.

 

[thekid]

If he said he was going to kill your birds or posion them or whatever he said about killing them, that is animal abuse and set up a game cam. Not towards his property just point it at your pens and say, well we think that there might be a "predator" problem

 

[Lazy J Farms Feed & Hay]

I'd sure like to the other side of the story on this one before I pass judgement on this one.

If the neighbor poisoned the birds then he must be punished, but I highly doubt the situation is as cut and dried as the OP proposes. If I lived in a subdivision and my neighbor had ducks free ranging in his yard I am sure I'd be a little upset too.

Jim