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West Central Iowa | You make some valid points but one is not necessarily correct: "That being the case, the fence is not of value to the neighbor without cattle because the owner of the cattle is liable should the cattle damage the neighbor's crops anyway." If it is a brand new fence and wild cattle run through it this may be the case. But if the non-cattle neighbors fence is in disrepair and the cattle get through that 1/2, the law states that the cattle owner is NOT liable since the animals did not get out on his half.
In a previous post I wrote that I have this type of situation. I fixed the neighbors poor fence and ran a hot wire on my side of his fence going above and beyond to keep my cattle in on a portion of the fence that is not my responsibility. I called my insurance agent regarding my liability should my cattle get through his 1/2 of fence and she informed me I would NOT be liable for crop damages. I shared this with the neighbor as an FYI even though I don't want to be chasing my cattle through his field any more than he wants crop damage. | |
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Kookier
