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Neighbors watering our feedlot pens
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Big Ben
Posted 5/15/2022 20:11 (#9661985 - in reply to #9661937)
Subject: RE: Neighbors watering our feedlot pens


Columbia Basin, Ephrata, WA
JDSWMO - 5/15/2022 17:41

Big Ben - 5/15/2022 15:09



This is an issue that should have been dealt with before the property was split and sold. Either the pivot or pens should have been shortened/moved, or at the least an easement established for the pivot to overhang the feedlot. That would at least clarify who the ass is when a new light pole near the property line crashes a $15,000 span. (Lookin’ at you, jdswmo)



I agree with you that this issue should have been delt with before the sale. But for fun let's take this a little further.

A guy buys a set of pens to start calves in, he has talked to the neighbor about not pumping a bunch of water into his pens. The guy suggested valves that everyone knows exist to fix the problem, the pivot owner sets on his hands, so the guy decides he wants to put a light pole and light up to help keep his fresh calves calm and make early morning chores a little easier. The new light pole is 100% on "my" property why am I at fault if your pivot hits something on MY property?



I didn’t say you’d be at fault, I said you’d be the ass. But if you really want to get in to it, it’s not that hard to paint a picture of how you’d be at fault for something you did intentionally.

If the pivot has been there more than 10 years they could claim it now has a prescriptive easement to be there. That could possibly have the effect of legally making the crash entirely your fault. Depending on the state and how long it takes everyone to come to a conclusion about this, you could potentially take the $15,000 repair bill and triple it when you add the legal fees, maybe more depending on timing and potential crop damage.




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