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03/31/11, 10:27 AM
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Join Date: Dec 2008
Location: ne colorado
Posts: 1,205
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this is why I will not run cows on rented ground. if I didn't own pasture I would not have cows, sorry to be blunt but a person needs to cover all base's brfore they involve large animals.
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03/31/11, 10:28 AM
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Join Date: Jan 2007
Location: Live in Tennessee but born and raised and forever an Okie!
Posts: 1,478
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Talk to the county Distrivt Attorney about haveing charges filed. If no responsive go to the State's Attorney General. You might have to enlist an attorney to add clout to the charges.
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"Whose woods these are I think I know
His house is in the village tho...."
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03/31/11, 10:48 AM
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Join Date: Jan 2011
Location: Upstate New York
Posts: 1,368
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in the big picture is it worth just paying the extra he wants and finding somewhere else for the animals. to buy your self some time i know its the princple of the whole thing. i am asking cause you say you are ready to fight it but in cost and effort the risk of losing some animals i imagine if they get set free someone is going to have to pay to have them round up and transport somewhere. is that going to cost less i know it sucks and not fair.
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five by five
I claim the last post that offended u
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03/31/11, 10:56 AM
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Join Date: Mar 2010
Location: Pacific NorthWest
Posts: 314
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If it goes to court, in a "he said / she said; he did / she did" situtation, you might lose.
There is always a 50/50 chance you might not win, and just because you think you are in the right, doesn't mean you will prevail.
No matter what the weather, I would be making arrangements to vacate the pasture.
If the landloard is as off center as you say, you may wake up some morning and find he has shot all your "very dangerous" cattle that were threatening him or his family. "Wicked horns," may be the tipping point in his favor.
If you want to keep your animals..................move them.
I do not find that you are protecting your interests. You have scratched a line in the snow, that will backfire in your relations with ALL your neighbors.
Last edited by PNWest; 03/31/11 at 10:59 AM.
Reason: addit. thought.
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03/31/11, 11:03 AM
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Crazy Dog Lady
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Join Date: Oct 2008
Location: Virginia
Posts: 3,289
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Document everything - dates, times, people's full names, names of the officers involved, etc.
Go to a local attorney - with a copy of the written land lease agreement and copies of cashed checks proving you've been holding up your end of the deal - and have the atty write a letter to the land owner. Keep a copy of all this in a folder by the front door, so next time the police come over you can calmly show them that you are following your lease to the letter.
Move out of there ASAP.
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~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*
Miniature Bull Terriers
www.PatronusMiniBulls.com
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03/31/11, 11:53 AM
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Murphy was an optimist ;)
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Join Date: Oct 2005
Location: Kentucky
Posts: 21,502
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I would move my cattle..... yesterday!! If they manage to somehow escape the pasture and end up wandering the neighborhood YOU will be held responsible for any damages they do. Get them out of that pasture before you end up with way more trouble than they are worth.
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"Nothing so needs reforming as other peoples habits." Mark Twain
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03/31/11, 12:10 PM
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Join Date: Mar 2009
Location: N AL
Posts: 2,232
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If he puts them out but it's proven you own them, YOU are the one paying for damage for letting YOUR cows roam. Move them or slaughter them, I know it's hard, but sounds like a "Good Ole Boy" place and you can't do anything but lose if the landlord's a member, and it sounds like he is.
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03/31/11, 12:18 PM
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Join Date: Jan 2007
Posts: 3,037
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Too many others have given good advice for me to pile on but I did want to address some of your comments regarding what is clearly a civil matter.
First- You say the police "tried to arrest" your husband for stealing some equipment. Would I be correct in reading that to mean the police investigated your husband for the reported theft of some equipment? Police don't try to arrest anyone....They either DO or DON'T. I suppose he could also claim the police tried to arrest him for harrassment based on your word
Secondly- Without a written lease agreement you are a monthly renter, he can double/triple/quadruple or terminate the rental with 30 days notice.
Thirdly- Cattle are moved year around. Might be tough to find available pasture during the winter that's why it's a good idea to avoid renting pasture without a one year written lease. Perhaps sell off some/all of the cattle and use the proceeds to buy your own land???
Good luck to you.
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03/31/11, 12:40 PM
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Join Date: Dec 2010
Location: Central Oregon
Posts: 6,175
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You are having a dispute over rent. That is a civil matter and the police are not going to help either side in the issue.
Be aware that they don't turn the cattle loose if you are evicted. The sheriff and animal control back up a trailer, take them into custody and auction them off if you don't show up quick to claim them and pay expenses.
If they are loose, you are the one who is liable for damages they do. If they injure anyone with their dangerous horns, you are the one who is liable for that injury.
When you are renting, the landlord only has to give you a 30 day notice to make you leave or else raise the rent. He can go to court and get an order to have your cattle removed legally. He can get an order to seize your cattle to pay for any rent you haven't paid, increased amount or not. Then you get to pay for his court costs.
You are wanting to fight a fight that is not going to end well for you. I suggest that you purchase your own pasture land and then you can say whether or not your cattle are welcome there. Your cattle aren't wanted where they are at right now. I suggest that you move them before it gets any uglier. It is absolutely not the landlords obligation to give your cattle a place to live because you don't have any place set up to move them to.
IT IS NOT YOUR PROPERTY. THE OWNER OF THAT PROPERTY GETS TO DECIDE WHAT IS DONE WITH IT. YOU DON'T.
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03/31/11, 12:58 PM
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Cactus Farmer/Cat Rancher
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Join Date: Dec 2006
Location: Central Wisconsin
Posts: 1,974
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It's his land but the guy is still an idiot. Police I've found are good at two things, handing out traffic tickets and saying no when ever there is something they don't want to deal with. With my place the folks who farmed it in the 80s used to steal corn from the neighbor's field to feed their dairy cows. There was a path leading straight into the barn from the field. Neighbor calls the police, cop comes out and says there is nothing he can do about it since he didn't witness the corn being stolen himself.
I am no lawyer so I suggest you talk to one ASAP. How many head of cattle do you have? Do you have land of your own? Worst case scenario is that you have to auction off your cattle. Without land of your own or someone who is less of an idiot that has land that is willing to rent to you I don't know what else there is that can be done about it. Even if you wind up getting the court on your side you still have your nutty landlord who sounds like he'll try to get even. I know I sure as heck wouldn't want my cattle near a nutjob that might try to harm them.
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03/31/11, 01:02 PM
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Cactus Farmer/Cat Rancher
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Join Date: Dec 2006
Location: Central Wisconsin
Posts: 1,974
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Quote:
Originally Posted by oregon woodsmok
IT IS NOT YOUR PROPERTY. THE OWNER OF THAT PROPERTY GETS TO DECIDE WHAT IS DONE WITH IT. YOU DON'T.
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On the flip side maybe the owner should have thought through about whether he wanted to rent out his property. There are thousands of acres of land rented around here. I can imagine if some nut decided to burn down an 80 acre corn field simply because it was his land there would be legal repercussions.
IF YOU CAN'T HANDLE HAVING SOMEONE ELSE'S PROPERTY ON YOURS DON'T RENT IT OUT
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03/31/11, 02:14 PM
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Join Date: Feb 2005
Location: Hoosier transplant to cheese country
Posts: 6,437
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apparently several people failed to read the part where I said moving cattle from here before the ground thaws and dries is impossible. I wasn't kidding.
we have 18 inches of mud with solid ice underneath.
Easier said then done people, guess I should have titled this thread
'the dumbest things the county sheriff has ever said'.
yes, tried to arrest, as in she had him hemmed up and was putting on the cuffs, when he then relented and agreed to return a machine, that was in pieces, that he did not steal, that had not been paid for the service work, which is against our company policy, simply because the guy claimed he stole it.
so the machine pieces are still here, and we still have not been paid for the partial service performed on the machine.
which means, according to her, any customer whose vehicle is here, in pieces or otherwise, can claim its stolen, send DH to jail, and take it without paying.
Imagine calling the sheriff and taking them to the dealership, claiming they stole your car which is there for service or repairs, and taking it without paying. sounds absurd right? well, it is.
this whole situation is absurd, and who is suffering? us, those that do the RIGHT thing, and are honest, while the lying, greedy, sack of **** gets all the assistance, reverence and walks away with everything.
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03/31/11, 02:32 PM
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Join Date: Jun 2010
Posts: 308
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you are having disagreements about rent, etc...
We used to lease land for cattle. We had a lengthy year-long lease signed by both parties with a notary present...unless you have something like that to guarantee price, etc., you will never win this. Since you cannot move the cattle this time of year, you should consider paying or coming to terms with the owner and in the meantime, look for a place for your cattle as soon as they can be moved. If the rent is not paid, according to the owners wishes...and you have no written lease...you need to check your laws about what his rights are concerning the cattle, he may have the right to sell them after a certain period of time.
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03/31/11, 03:05 PM
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Join Date: May 2008
Location: Alvin, Tx
Posts: 1,881
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Do you have video cameras anywhere? You're going to need that kind of proof if you want to be able to prove anything later. Just writing down what is said won't cut it all by itself. If most of the communication is outside, have at least one camera with audio pointed in the area/s where you usually are when anything happens.
This way you are protected and can then go over the cop's head and have proof when he denies anything.
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03/31/11, 03:10 PM
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Join Date: Dec 2008
Location: Illinois
Posts: 8,262
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Move, move, move. Even if you win in court, you lose.
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Moms don't look at things like normal people.
-----DD
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03/31/11, 03:53 PM
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Join Date: Dec 2003
Posts: 3,693
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Nothing new with shops stealing, or people trying to get out of paying. That's what keeping records is all about, and why a good shop has them.
Cattle get moved through worse condions than mud and ice. Unpleasant? Yes. Impossible? No.
Like I said earlier, there's a lot more to this story than you're telling.
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03/31/11, 03:57 PM
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Join Date: Feb 2003
Location: Central Virginia
Posts: 2,550
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When I have turned in a piece of equipment, or a car or anything to be repaired I have gotten a receipt for it.
Something that shows it is there for repair. That way no one can say it was stolen, it is clear that it is in for repair.
If you have a month to month lease then I would say the landlord has the right to charge anything he wants. I would get out of there as soon as possible.
It all sounds like heresay and that nothing is in writing...
Not the best situation to be in.
Alice in Virginia
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There is nothing any worse than an angry little old lady, they've had a lifetime to learn all the dirty tricks and people get upset if you hit them!
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03/31/11, 04:39 PM
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aka RamblinRoseRanc :)
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Join Date: Sep 2007
Location: Morristown, TN
Posts: 5,066
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For pete's sake, she's not askin' you to be judge and jury and it doesn't matter how 'much more there is to the story' than what the OP is telling. She asked "how would YOU handle this'. Period. Answer the question or move on. Sheesh. When it goes to court, you can call and tell the judge your opinion on the matter.
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" It's better to ride even if you get thrown, than to wind up just wishin' ya had."
Chris Ledoux
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03/31/11, 05:32 PM
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Join Date: Jan 2010
Posts: 418
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my opinion...
this guy is obviously a few sandwhiches short of a picnic...
make peace, placate for now, and get the hell off his land ASAP! (like yesterday) without a signed contract ect your prettymuch wading in quicksand as it is...and even if he lets your cattle out, youd be responsibel for any damages as they are yours...
id also make sure that in the future you can provide copies of any recipts for product taken into your shop that could be claimed stolen...you should have certainly had paperwork to doccument that the owner brought the item to your shop for repair ect...
honestly all i can say is good luck, right now id simply try and keep things peacefull, do as he asks you and get your cattle off his land as soon as you can get them trailered.
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03/31/11, 06:56 PM
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Join Date: Jan 2010
Location: The Sunshine State!
Posts: 12,511
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Quote:
Originally Posted by Alice In TX/MO
Move.
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Well that was my first thought......
State Police was my next thought (if the County Sheriff is corrupt too).
Document, Document, Video, Video.
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I am sure of two things: There is a God, and I am not Him.
The movie Rudy
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