# Protecting our family farm legally



## HighstepperLove (Aug 6, 2012)

My hubby's grandfather owns a lot of land and also leases land near his house and across the street from his daughter's house. There are a total of 5 horses on the leased land.. one is mine, and the rest belong to other people. This land is by a commonly used but not high traffic road and is right on the way to a nature preserve that the entrance to is the end of the road.. next to Gramp's house. Aunt has frequently seen people at the fence petting our horses. We have locks on the gates, but she has found people IN OUR PASTURE "petting" our horses. WTF? Who does that?!?! So here is my concern. What if someone gets hurt??? These are good horses, but they are still animals and anything can happen. One of the mares tends to kick and when she does kick, she's not paying attention to people around her. She'll spin fast to kick one of the geldings.. mainly when she is in heat. We are in Alabama, so I know legally in participating in an equine sport, you do so at your own risk. Most barns have a sign to that effect. We are not a barn. We don't give lessons. We don't have random people ride our horses. Us, my kids, and select friends with a waiver ride with us. So, it's not like they are participating in an equine sport.. they are tresspassing on our land. So, what do we do to protect ourselves from being sued if someone was to get hurt? What idiot ADULT climbs someone else's fence to pet their horses that they know nothing about???


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## DancingArabian (Jul 15, 2011)

Oh you'd be surprised. Look on YouTube for the biker who saw some wild horses along the trail and decided to try and pet one.

Have you posted no trespassing signs? You should check your areas trespassing laws. I believe that if signs are posted they assume the risk.
_Posted via Mobile Device_


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## Roperchick (Feb 1, 2010)

put up hotwire, get no tresspassing signs and the barn signs (even though you dont give lessons or anything. its still a good thing to have to protect yall)

and also maybe talk to yalls local law enforcement to see if theres anything else you can do.

but def. no trespassing signs and the liability signs are very important.

plus if you put up hotwire i doubt theyd be as inclined to climb in if they get a good zap!


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## HighstepperLove (Aug 6, 2012)

Roperchick said:


> plus if you put up hotwire i doubt theyd be as inclined to climb in if they get a good zap!


:lol: I love how you think


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## AlexS (Aug 9, 2010)

Here's a link to the wording for signs in your state. 

http://www.horse-insurance.com/law.html

I'd put up a sign to that effect, as well as no trespassing signs.


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## boots (Jan 16, 2012)

Signs (depending on how big your place is), locks on the gates, liability insurance are all good ideas. 

Some people may still disregard your private property rights, and just like our horses, get themselves into some unbelievable mess.

Some in our state (WY) have found that a good old countersuit against the nimrod who tresspasses and does something stupid is a really good deterent to frivolous insurance claims and lawsuits. We can sue tresspassers for pounds run off our beef, amount of forage ruined, diverted water when some idgit sets up camp by a tank (well) or spring and prevents livestock from access. Game and Fish can join in and sue for harassment of wildlife and preventing wildlife from accessing water.

Fortunately for me, WY courts strongly support private property rights and the burden is on every individual to know where they are. I don't have to draw anyone a picture, so to speak.


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## Joe4d (Sep 1, 2011)

can you shoot horse thieves in Alabama ? Way I see it if you climb my fence, and grab my horse thats attemted thef, unfotunately in VA, it is illegal to use deadly force to protect property. Not so in other states. Texas comes to mind.


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## loveduffy (Dec 22, 2011)

everything every body els said is great I would tell the police so they could keep an eye out and stop these poeple


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## BigGreyHorse (Sep 28, 2009)

I sympathize. In the last decade and a half, Alabama has become overloaded with people who think everything is public. Well, everything except what they own of course. :evil: I have a very unpleasant memory of an idiot hanging his child upside down over the hot wire because it wanted to "pet the big doggy". The mastiff wasn't amused and neither was I. No trespassing signs, hot wire, and electric fence signs have helped. However, what helps the most is having such a raging, screaming, cursing fit when you catch someone that they spread the word you're crazy. People don't want to deal with crazy.:lol:


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## HighstepperLove (Aug 6, 2012)

Bahahaha I like the raging, screaming fit idea. And I do think it's legal still to shoot horse theives here. I carry (trained military weapons specialist) so... :lol: 

We are putting up signs around the property tomorrow and going to talk to the local police about it. THank you all for the awesome ideas!!! A coworker had horses dumped in his cow pasture a week or so ago... people here are friggin NUTS!!!


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## sillyhorses (Sep 2, 2011)

Post "no trespassing signs" on every few sections of fence post. That ought to establish that people are not welcome, and if they get hurt, it's their problem for not following the clearly posted expectations. However, in some cases, horses are considered an "attractive nuisance", as in, they attract people to them even though they can be dangerous to those same idiot people  

Not sure how that would pan out, I'd ask local law enforcement, to be sure


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## Saddlebag (Jan 17, 2011)

I own a quarter section of prime deer hunting land which makes it quite attractive to hunters. At one time we had to post the land, very difficult because of areas of heavy bush or water. Our ministry of natural resources changed the laws and put the onus on the ones who don't own the land to find the boundaries. There are two enforcements we can call, either the police or the ministry officers. What I learned last year was that calling the police meant that with the charge the person/people may be denied access in to Canada. We caught an American who'd set up camp on my land and made threats when told to leave. The police were called, didn't find him that day but he was caught when crossing back into the US. People don't realize that even a minor charge might screw up foreign travel plans.


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## Joe4d (Sep 1, 2011)

Alabama only allows deadly force in defense of life and limb, see Code of Alabama - Title 13A: Criminal Code - Section 13A-3-23 - Use of force in defense of a person - Legal Research 

Humm have to do a search, see where you can shoot horse thieves.


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