What do you do about a neighbors bull?

[rawhide]

I'm not a legal expert but have dealt with a few strays from leased pasture with poor fences. I may know someone who owned a bull that liked to graze a country club golf course.

Oklahoma has not been an open range state for decades and livestock owners can be liable for damages. But, as I understand it, there has to be "negligence" by the owner before he is liable. OK law does provide remedy for trespassing livestock that allows the animal to be "distrained" which is what cowcatcher is referring to when he suggests hauling it to the sale barn. Although I think a few steps are necessary before taking that action.
Searching Oklahoma fencing/livestock laws should provide more clear information

 

[Snattlerake]

https://www.mcafeetaft.com/when-livestock-stray/

When livestock stray
Landowner rights under Oklahoma’s fencing law
published in McAfee & Taft AgLINC | February 1, 2012

By Jeff Todd
Oklahoma is a “fenced in state.”

Title 4, Section 155 of Oklahoma Statutes provides that an owner of livestock is liable for “all damages done by animals breaking through or over lawful fences and trespassing upon the enclosed lands of another.” In addition, “the animals so breaking through or over such fence may be seized as trespassing animals.” This statutory language has been construed to make the owners of straying livestock strictly liable (i.e. liable without fault) for “agriculture damage” caused by their animals.

For years, I have fielded calls regarding Oklahoma’s fence laws. Typically, the questions center around potential liability if an animal causes a car accident (in which case a negligence standard applies). However, because of the widespread drought of 2011, the recent inquiries have focused on what to do about a neighbor’s animals straying onto adjoining pastureland or into haystacks. Unfortunately, it appears that some livestock producers have run so short on forage and hay that they have turned a blind eye on their livestock venturing onto neighboring properties. There have been some reports of gates being intentionally left open.

Oklahoma law provides a remedy for the landowner who encounters this disturbing situation. If livestock trespass on another’s land they can be “distrained.” Distraint is “the seizure of someone’s property in order to obtain payment of rent or other money owed.” 4 Okla. Stat. § 156 provides that a distrainer has lien rights in the trespassing livestock: “In all cases where the plaintiff may recover judgment for damages caused by the trespassing of animals of another the judgment shall be a lien upon the stock so trespassing and the plaintiff may have special execution for the sale of such stock to satisfy the judgment and costs or general execution as he may elect.”

4 Okla. Stat. §§ 132-135 provide a process for when livestock are distrained. While the procedure is somewhat complicated, the end result is this: if a livestock owner fails to keep his animals fenced in and the straying animals venture onto your property and do damage to your crops, grass, hay etc., you may pen up the livestock. You must then follow notify the owner and try to work out payment for the damage. If that does not relieve the situation, you must notify the sheriff who is required to act as an arbiter of the dispute. If the owner does not pay the amount of damages determined by the sheriff, the sheriff can sell the livestock. During the process, the distrainer has a possessory lien on the livestock and may maintain possession of the animals, but must provide adequate care. The distrainer should be entitled to reimbursement for the cost of boarding the livestock.

Finally, if straying livestock have caused damage, but the animals were not able to be distrained, you may also file suit against the livestock owner and recover damages (remember: strict liability if the damages are to agriculture land). You should also be able to recover attorney fees under 12 Okla. Stat. § 940, which provides for the recovery of attorney fees in cases involving the negligent or willful damage to property.

 

[AKguy1985]

My grandpa had his cattle get out in the early 80's and onto hwy 88. He had to pay for damages to a couple vehicles.

 

[Fredkrueger100]

Don’t let something happen to the bull. It ain’t it’s fault. No reason to shoot it unless it was harming someone. The neighbor should be forced to make changes to keep it from getting out.

 

[easy]

Told our 'neighbor' that the next time it happens, we're having a barbecue. He fixed his fences and sent the problem to auction.

 

[ignerntbend]

Don’t let something happen to the bull. It ain’t it’s fault. No reason to shoot it unless it was harming someone. The neighbor should be forced to make changes to keep it from getting out.

The suggestions about shooting the bull in this thread have been mostly tounge-in-cheek, Toney. When we talked about shooting the bull we were mostly just shooting the bull.

 

[SoonerP226]

Don’t let something happen to the bull. It ain’t it’s fault.

It's not about the bull being at fault.

It's about the bull being delicious.

 

[Snattlerake]

Most bulls are not delicious. Steers are delicious. Bulls are tough and gristly. They take a lot of chewing.

 

[dennishoddy]

Most bulls are not delicious. Steers are delicious. Bulls are tough and gristly. They take a lot of chewing.

My ex wife worked at a meat processing plant that supplied burger patties for Dairy Queen and a couple other big chains.
Old Bulls and old cows that could no longer produce calves were processed for ground meat only.

 

[ignerntbend]

Most bulls are not delicious. Steers are delicious. Bulls are tough and gristly. They take a lot of chewing.

My ex wife worked at a meat processing plant that supplied burger patties for Dairy Queen and a couple other big chains.
Old Bulls and old cows that could no longer produce calves were processed for ground meat only.

What some people do with used-up bulls is cut their nuts and feed them for a few months. Get that testosterone out of their systems and they can be as good as anybody's beef. Too expensive to do on an industrial scale so none of these big outfits even consider doing it.
I'm sixty one years old and I've still got good teeth so I don't care.