What can I do about my neighbor’s cows wandering onto my property and eating my garden.

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What can I do about my neighbor’s cows wandering onto my property and eating my garden.

We woke up the other morning to see the neighbor’s cows had eaten half of our corn, and were still eating. These neighbors have had cows since they moved in about 8 years ago. They keep the animals in horrible conditions; I have on more than one occasion seen the cows eating their own feces because they’re barn is never cleaned. They have the cows right on the property line, conveniently keeping the smell away from them and constantly wafting toward us.

Asked on July 13, 2012 under Real Estate Law, Michigan

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

As far as the smell is concerned, you can sue claiming that it is a nuisance.  As part of that nuisance claim you can ask the court to give you injunctive relief requiring the cows to be kept a certain distance away from the property line.

As far as the eating of the garden--you can sue in small claims court for negligence--claiming that the neighbor had a duty to keep his cows fenced in and a failure to do so proximately cause you harm in that you lost your crops.

In either event I would have a local attorney counsel you about options and statutes of limitations.

Best of luck.


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