Laws regarding poultry theft or harm?

Goosebaby

Free Ranging
Premium Feather Member
Nov 10, 2019
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Northern California
I’m in a weird situation currently with my flock, this is an evolving situation so I’ll keep updating if or when something more develops.

So some brief overview. I’m currently living with my parents.
A former neighbor moved some property markers about the time she put her house up for sale, it was quickly purchased online.
The new neighbors immediately began clearing timber and trying to put up fencing across the new property line along our property. We’ve tried discussing the issue with them but every time it goes nowhere, they don’t want to see the parcel maps or the current survey maps and they aren’t interested in hiring a surveyor.
This turned into a bigger issue yesterday when they tried taking two very large trees that are on the contested property line yesterday, and when we tried to talk it over again the current new owner’s mother accused us of being “land grabbers” and threatened us. Her words were “you’re think your big and bad, well I’m bigger and badder, just watch what I’ll do.”
After that we just called the sheriff to deal with her, and we’ve decided to hire a surveyor to resurvey and put the property markers back where they’re supposed to go.

Today however the hag’s adult son “who is the one who purchased the property” wandered down through the woods and stood on the bank overlooking my goose and duck enclosures and just stood there staring at them and me, he wouldn't say a word, just stood there and stared.
I’m definitly creeped out, this was to me an obvious attempt at intimidation and I now don’t know what to expect from them, what they’re capable of or what they intend to do next.

I haven’t been able to find any clear information about what I would do if any of them attempts to steal or harm any of my birds or actually does so I’d be greatful if anyone here has any insight about that, or what I should do in this situation.

If you have any expierience in some sort of situation like this I’d love to hear what happened to you and how you dealt with it too.
 
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Awful neighbors means that you document everything. Adding cameras can be beneficial too, as it supports documentation. Getting law notified early on (as you have done) is also good, as they will be another piece of documentation.

A surveyor is a good move too. But, if they can move the markers easily then that may be a problem. Still, they will be officially told the property boundaries.
 
Second the cameras. To document their behavior and hopefully provide you warning if they get up to anything. Put them high and hidden so they aren't interfered with, everywhere you can afford to place them.
Consider taking them to court, a judge can issue an injunction against any tree felling or fence building until the survey has been completed.
But as you gather what you need for the court filing, you should send them a cease-and-desist letter laying out your position, describe the prior survey in writing, and explain the chain of events that have occurred thus far with dates and names, including the sheriffs visit. As much detail as you can possibly put in there.
It may feel ridiculous to explain to the other party what their own argument was and your response, but lawyers do this because courts love paperwork and clarity. You send a copy to the neighbors, keep one in a folder with all your other evidence pertaining to this matter, and you include a copy of the letter when/if you file with the courthouse. Usually if you call your courthouse, they will walk you through the steps you need to take, they're pretty good about that in most places.
You can talk with a lawyer if you feel the need, but most people represent themselves in this kind of matter. You don't need to be good at arguing your case or speaking legalese, you just need to have better documentation and a stronger case than your neighbors, and you need to avoid aggressive reactions that could damage your position.

Having jerky neighbors sucks, I know that frustration well.
The thing most people usually regret is letting too much of it go because they hope one day the antagonizer will wake up nicer. When someone shows you who they are, you must believe them. Take the right steps to protect your family and property by documenting everything. Record everything. Keep your plans to yourself as well, because you don't want them to avoid a court summons, you want to take them by surprise with that.
 
An update.

Last night was rough, not much sleep. Close to midnight I heard foot steps in the woods near the goose enclosures, it stopped when my dogs started barking. I walked out but who or whatever it was was gone.
Later in the night a skunk showed up, and at 2 am a fox showed up. The fox has been lurking around for weeks so it’s possible it was the fox I heard earlier, a month ago it even climbed into one of the cages and stole some eggs.

This time of year the forest floor is covered in dry leaves and shed bark from madrone trees, walking through it is like trying to wade through corn flakes and rice crispies, silence is impossible even for small animals, and at night everything is louder, but I can hear the way the fox rustles around, it didn’t sound like the two loud heavy crunches that I heard. I’m very suspicious.
 
Moving pins/markers is a crime in some states.
It's a crime in every state.


As for them messing with your birds that can fall under property laws or livestock laws if your state has them. The problem with either to prosecute them is you have to pretty much have photos or videos of them performing the crime. Otherwise it's just your word against their's.

OP in cali so I looked up the marker moving

Under Section 605 of the California Penal Code it is a misdemeanor to intentionally remove or destroy a permanent survey marker. Removal or destruction of survey markers should be reported to the County Sheriff's office, or to the appropriate police department if it was done within one of the four incorporated cities. If the monument is removed by a professional land surveyor or civil engineer, you may also file a complaint with the State of California Board of Registration for Professional Engineers and Land Surveyors at (916) 263-2251, or at the Board's website, http://www.dca.ca.gov/pels/l_enforce.htm.

Found this about stealing or harming animals

§ 487g. Animals; stealing, taking or defrauding another; commercial use; offense; punishment

Every person who steals or maliciously takes or carries away any animal of another for purposes of sale, medical research, slaughter, or other commercial use, or who knowingly, by any false representation or pretense, defrauds another person of any animal for purposes of sale, medical research, slaughter, or other commercial use is guilty of a public offense punishable by imprisonment in a county jail not exceeding one year or in the state prison.

***I'm not a lawyer so do your research for your own local laws. Might be something more detailed i missed with my 2 second google search.***
 
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Get a surveyor to establish the property lines ASAP and build a fence. Cameras are great idea, as well.

Do you think going over to the neighbor and saying you got off on the wrong foot would help? Explain that you'll hire a surveyor to determine the lot lines so no one has to guess who's on who's property.

We will never be on friendly terms with our neighbors, unfortunately. We bought the property from them and it ended in lawyers having to get involved when they wouldn't abide by the purchase and sale agreement. It's no good to start off in a bad place. I'm sorry you're going through this.
 
@Goosebaby, what county are you in? Boundary disputes are county enforceable. I'd contact the county assessor. I'd call them every day.

Here in Nevada County, the courts offer a mediation service. We are working with them right now as our new neighbors have put up a fence along our easement that makes our driveway too narrow for the passage of any large vehicles - including emergency vehicles. Easements are a civil matter. Property lines are absolutely enfirceableby the county.

We also have an ag department here that deals with livestock laws.

And absolutely get cameras. And document everything. And call the county whenever your neighbor does anything.
 

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