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I have a house on 120 acres. I want to rent it, but have yet to find a good tenant. The most recent one moved in ten months ago, paid the rent for the first eight months, but now is two months behind. I was about to begin eviction proceedings, when he moved out. Shortly after he moved in he put four horses in my pasture without permission. I asked him again and again to remove the horses, but he never did. Now he left and abandoned the horses. The electricity is about to be turned off and presumably the water will be as well. I could contact the local humane society, but it would be nice to be able to sell them
to cover some of the back rent I am owed. Is that an option?
I'm not sure how to advise you, other than state clearly that you should see an attorney, and the sooner the better.
The issues I see are whether adequate notice has been given to the tenant, and whether the courts will recognize your rent claim against the horses, especially if you first sell the horses and then get drawn into litigation. I have heard stories of landlords seizing a tenant's personal property, selling it, and deducting unpaid rent from the proceeds while keeping a careful accounting, in case there are leftover proceeds after the rent claim is paid.
Stephen Matthews
Missouri Agricultural Law Center
Does an easement through a property entitle the person who has the easement the legal right to whatever grows on that easement? Or is the easement simply the right to pass through the property? Also, is it the landowners responsibility to fence out an easement, or can they simply allow passage through the property without fencing their livestock out of that area?
The written easement document (deed grant), which is probably recorded against the land on which the easement exists, sets out the terms/conditions, including whether there is a requirement of the landowner to fence out livestock, or who has the right to crops/trees on the easement strip. Sometimes easements are blanket easements, meaning for the whole parcel owned by the landowner (servient tenement holder).
I will assume the written easement is silent as to your two questions. That means you are into "court decisions" and whatever the courts in that state have determined to be "reasonable" as far as the relative rights/duties of the dominant tenement holder (the one with the easement) and the servient tenement holder). These rights/duties may vary by state court decisions, and there may be an absence of court decisions on may have a duty to fence livestock off a road easement if the road easement is unreasonably interfered with by the presence of livestock. This would be decided in a case by case situation, requiring litigation.
Stephen Matthews
Missouri Agricultural Law Center
We have a neighbor who has a paint stallion running in a 10-acre pasture adjacent to a five-acre pasture I rent. I only have mares and a gelding in my pasture, so I've put up three strands over four foot tall of nine-strand polywire electric, which contains my animals. However, the stallion's pasture is fenced in dilapidated barbed wire that is as low as three feet in some areas, and no electric. The stallion can pretty much go over this at any time. He's already damaged our brand new polywire fence twice now trying to get to our mares. Is there anything specific Missouri law regarding proper fencing for stallions? Do I have any recourse?
Do not rely upon my response as being legal advice. Instead consult your attorney. Hopefully, what I offer can help you work out something with your neighbor; if not, then maybe these perspectives will help you help your attorney navigate the challenges.
Missouri fence statutes are in Chapter 272, and these specify what constitutes a "lawful fence." The definition varies depending upon whether you are in a general county or option fencing county, so check the list of optional counties to see which type of fencing law your county has in effect.
No matter whether you are in a general or optional fencing law county in Missouri, the lawful fence definition states four feet as the minimum height. So from what information you provided about the neighbor's fence as being short of that required height, there is recourse, as you put it. First, I recommend providing this information to the neighbor, either orally or a copy of the relevant statutory sections. Try to get the neighbor to understand the legal requirement, and to commit to a timetable of completing the necessary fence repairs.
If no satisfactory negotiation can be achieved, then the statute gives you the "recourse" of taking the neighboring landowner to court, whether you are in a general or optional fencing law county. The statute specifies the associate circuit court, and I interpret this to include the small claims court, which may save you time and attorney costs given its simplified processes and evidence rules.
I will add a section from Chapter 270, which is in addition to the fencing law statute. I think you will find it useful information, to negotiate with your neighbor regarding his duty to restrain his horse and the legal remedies should he fail to do so:
Domestic animals restrained from running at large.
270.010. It shall be unlawful for the owner of any animal or animals of the species of horse, mule, ass, cattle, swine, sheep or goat, in this state, to permit the same to run at large outside the enclosure of the owner of such stock, and if any of the species of domestic animals aforesaid be found running at large, outside the enclosure of the owner, it shall be lawful for any person, and it is hereby made the duty of the sheriff or other officer having police powers, on his own view, or when notified by any other person that any of such stock is so running at large, to restrain the same forthwith, and such person or officer shall, within three days, give notice thereof to the owner, if known, in writing, stating therein the amount of compensation for feeding and keeping such animal or animals and damages claimed, and thereupon the owner shall pay the person, or officer, taking up such animal or animals a reasonable compensation for the taking up, keeping and feeding such animal, or animals, and shall also pay all persons damaged by reason of such animals running at large, the actual damages sustained by him or them; provided, that said owner shall not be responsible for any accident on a public road or highway if he establishes the fact that the said animal or animals were outside the enclosure through no fault or negligence of the owner. If the owner of such stock be not known, or if notified and fails to make compensation for the taking up, feeding and keeping of animals taken up under the provisions of this chapter, the same shall be deemed strays, and shall be dealt with in the same manner as required by law with respect to such property as strays, under the stray law. Any failure or refusal on the part of such officer to discharge the duties required of him by this section shall render him liable on his bond to any person damaged by such failure or refusal, which damages may be sued for and recovered in any court of competent jurisdiction.
I also think you will find other useful information about Missouri fencing and livestock restrainment laws at the Missouri Agricultural Law Center Web site.
Stephen Matthews
Missouri Agricultural Law Center
As a private citizen I want to obtain the rights to unused railroad property behind my home. Is that possible?
You need to check the local recorder's office for the title to the railroad property, perhaps have an attorney do this to insure proper searching of the public records.
Essentially, you are seeking to see if the deed grant to the railroad company was with a reservation (easement or grant) which would revert to the original landowner (or successors) if the railroad ceased to use the land for a railroad.
All along the Missouri Katy Trail are landowners facing (or who faced) a similar determination. Some grant away all rights, with no recourse. Others granted an easement for a particular purpose, with a reversion back to the landowner when the condition is no longer satisfied.
Another topic to discuss with your attorney is whether you are "adversely" using the railroad's land, under the doctrine of adverse possession. From the brief description you provide, I cannot tell whether this doctrine is applicable in your situation.
The last option I see if for you to contact the railroad owners and negotiate a sale, much like with any other private owner.
This is a private "person" owning the railroad land, so the Missouri statutes dealing with abandoned roadways is not applicable.
Stephen Matthews
Missouri Agricultural Law Center
I am a real estate agent trying to sell a farm
that was involved with a lawsuit in 1998. The farm had a 2,800-head swine confinement operation. The past owner did a lot of things wrong. The lawsuit was filed by neighbors because of odors. The court decision stated the specific owners could not have a confinement operation on that land. I have a client interested in purchasing the farm. He wants to run 200 head of pigs and control the odor. Is it legal for the buyers to run swine on the property? I consulted my lawyer, but didn't get a definite answer.
My suggestions still require you use an attorney's services.
For future landowners to be bound to a lawsuit judgment or settlement, there would have to be a recorded covenant or restriction to the specified land with wording binding future owners. So checking the updated abstract or the county recorder's office where the land is located should answer that.
Another approach which would be binding on the potential new owners would be if they bought in a sales agreement with a restriction on their land use, and this would involve the seller recording a binding restrictive covenant that runs with the title binding on all owners to the land being sold.
Another issue is to check with the Department of Natural Resources to see what current regulations and laws would restrict by environmental law the type or manner of hog operations on the land. Sometimes an area is in a sensitive watershed.
The last thing to check out is whether the particular county has or is seriously considering some county or township health ordinance restrictions on animal confinement operations, at least 12 Missouri counties have these. You could call the county court and/or county health department to determine this.
It makes sense to approach the neighbors to see what restrictions they think apply to hog operations on their neighbors' land, and what concerns they have which hopefully can be addressed or waylaid with rational discussions.
Stephen Matthews
Missouri Agricultural Law Center
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Updated 8/19/08