Laws regarding poultry theft or harm?

[MildlyOffensiveChicken]

We neighbors, too? This is what's happened here, too.

NW Montana.

Can’t tell people where to live, but I would prefer it be like the 80s and 90s. Fond memories for me. Now it’s like going to the city when I grocery shop.

I’m on 80 acres. Tends to insulate me most of the time.

 

[SourRoses]

I rather think it's the pandemic that's inspired meanness in a lot of people.
Just walking into the supermarket now, people try to run us over. I often don't want to approach the meat section (but of course I do it anyway, because yum)
"Carnivores" is how I complain to my mom about it "Ferocious Carnivores".

Sometimes I think it's easy to highlight people from out of the area as being really different somehow ... but growing up we moved a lot, so I've lived in 8 different states, and people in America aren't that different IME.
Idaho had a lot of extra-nice people, NC was pretty friendly, but you could run into a local jerk anywhere. Florida is a really mixed bunch due to retirees from Northern states and young transplants outnumbering locals.
Snowbirds can be more friendly in many ways, but then many get cranky as they age, so you never know what you're going to get. Erm, I digress...

 

[Goosebaby]

I grew up in the 90s, it was fun walking a mile up the road to a friends house and the only predators I had to fear were the local wildlife. My mom said the 80s were better, parents would kick their kids out of the house and not have to worry about them disappearing usually.
Now living out isn’t a guarantee that life is free of the shit that goes on in cities, supposedly someone found a severed head down the road from where I am, personally that smells like bs to me because it never showed up on the police blotter, and ya think something like that would, but even still there’s been weird stuff going on as more people are moving out here, usually associated with drugs and crime and all that. It used to be nice going for a walk but the last few times I’ve had cars speed up and act like they’re trying to run me down, I afew other people had that happen also. People are just getting nastier.

 

[Florida Bullfrog]

I am an attorney that specializes in criminal law. I cannot give you legal advice, and I only know Florida law and Federal constitutional law, but I can give you some generic talking points.

1. Livestock animals and pets are personal property in many jurisdictions. Theft of the animal is akin to theft of any inanimate object owned by an individual. The level of theft is usually defined by the value of the property taken. Some jurisdictions make theft of livestock or pets a particular form of theft that may be a higher classification than the value of the animals would otherwise entail.

2. A poultry coup probably qualifies as a structure in most jurisdictions depending on how its built. That could also mean that the crime of burglary would apply. Burglary is defined in most places as unlawfully entering into a structure, dwelling, or automobile with the intent to commit a crime inside. The intended crime in this instance could be theft of the animals or animal cruelty if harm is done to them.

3. Unlawfully killing someone else’s livestock may also be some sort of animal cruelty charge in your jurisdiction.

Document, document, document. Any one odd behavior by itself from the neighbors may not be a crime but multiple instances may constitute stalking in some jurisdictions and may be evidence that can be used to prove intent if a definite crime occurs later.

Hide a couple of low-key and reliable trail cameras around the coop. Discretely lock them to a tree to make them difficult to steal. Possibly use a cell camera that will transmit pics to your phone in real time. You may catch them in the act.

 

[Goosebaby]

I am an attorney that specializes in criminal law. I cannot give you legal advice, and I only know Florida law and Federal constitutional law, but I can give you some generic talking points.

1. Livestock animals and pets are personal property in many jurisdictions. Theft of the animal is akin to theft of any inanimate object owned by an individual. The level of theft is usually defined by the value of the property taken. Some jurisdictions make theft of livestock or pets a particular form of theft that may be a higher classification than the value of the animals would otherwise entail.

2. A poultry coup probably qualifies as a structure in most jurisdictions depending on how its built. That could also mean that the crime of burglary would apply. Burglary is defined in most places as unlawfully entering into a structure, dwelling, or automobile with the intent to commit a crime inside. The intended crime in this instance could be theft of the animals or animal cruelty if harm is done to them.

3. Unlawfully killing someone else’s livestock may also be some sort of animal cruelty charge in your jurisdiction.

Document, document, document. Any one odd behavior by itself from the neighbors may not be a crime but multiple instances may constitute stalking in some jurisdictions and may be evidence that can be used to prove intent if a definite crime occurs later.

Hide a couple of low-key and reliable trail cameras around the coop. Discretely lock them to a tree to make them difficult to steal. Possibly use a cell camera that will transmit pics to your phone in real time. You may catch them in the act.

Thank you so much for this!

 

[neo71665]

The legal plot map will be on file at the county courthouse somewhere. Every local jurisdiction files it differently. They have to by law go off that map. They can draw whatever make believe map they want but for it to stand up in a court of law it has to be legally surveyed and on file.

 

[saysfaa]

The legal plot map will be on file at the county courthouse somewhere. Every local jurisdiction files it differently. They have to by law go off that map. They can draw whatever make believe map they want but for it to stand up in a court of law it has to be legally surveyed and on file.

Not necessarily entirely so. At least in some states, how the land is used and allowed to be used may also matter. Where both sides acknowledge the property line is by uncontested use of the land can be more important than what the legal description is.

Here, a simple letter, once a year, to the neighbor stating you are aware of their use of your land and are not giving up your claim to the land is sufficient if you want to let the neighbor encroach without giving up your claim.

 

[Florida Bullfrog]

Not necessarily entirely so. At least in some states, how the land is used and allowed to be used may also matter. Where both sides acknowledge the property line is by uncontested use of the land can be more important than what the legal description is.

Here, a simple letter, once a year, to the neighbor stating you are aware of their use of your land and are not giving up your claim to the land is sufficient if you want to let the neighbor encroach without giving up your claim.

Actually, a person should be very careful about sending a letter acknowledging the situation and affirming a denial of permission to use the property.

There is a doctrine under the common law and many state’s statutes called adverse possession that allows a person to take your land over your objection if certain criteria are met. One of those criteria is openly taking possession of the land in a way that ought to make you aware that the seizure of the land has happened. If the person takes your land and you do not sue the person within the statute of limitations, but are or should have been aware of the seizure, then the land may become theirs. Sending a letter telling them ‘I don’t give you permission to do this”, but not following through with a suit, may simply function as evidence the neighbor can use against you to show you knew about the taking and did nothing.

https://www.nolo.com/legal-encyclopedia/adverse-possession-trespassers-become-owners-46934.html

 

[saysfaa]

Actually, a person should be very careful about sending a letter acknowledging the situation and affirming a denial of permission to use the property.

There is a doctrine under the common law and many state’s statutes called adverse possession that allows a person to take your land over your objection if certain criteria are met. One of those criteria is openly taking possession of the land in a way that ought to make you aware that the seizure of the land has happened. If the person takes your land and you do not sue the person within the statute of limitations, but are or should have been aware of the seizure, then the land may become theirs. Sending a letter telling them ‘I don’t give you permission to do this”, but not following through with a suit, may simply function as evidence the neighbor can use against you to show you knew about the taking and did nothing.

https://www.nolo.com/legal-encyclopedia/adverse-possession-trespassers-become-owners-46934.html

I agree. In our case, we would have said we gave them permission to have their path and playhouse on our land. I think we might have had to charge a dollar in rent too. We didn't end up buying that land so I stopped researching it.

 

[MeanCheek]

I'm sorry for you and your parents. I hope it's not hard on them.
My grandparents have evil neighbors. Whenever the neighbors do something they get so stressed. It worries me, they're not young, and when they get so worried their voices tremble...