Posted 11/23/2012 11:49 (#2712395 - in reply to #2712369) Subject: Re: pics: What to do: Landlord cows in corn
I think you have stated your position kinda pooorly on this, I'm with the other guys here.
I do agree the corn grower should gone to check up on the situation that day, not 4 days later.
In my state you fence up your own livestock if you are the only one with livestock, so the open range laws don't affect me - they _could_ chsaange how this is if there are fence laws. But even that is complicated because the livestock owner owns all the land and all the fences, the renter only rents a field that should be set up for raising a crop, free of domestic animals. So even the fence laws would be a stetch to 'blame' the renter on this.
Maybe you just came on a little strong there in your first message.
Just doesn't sound right at all, that a person should be there in an hour with a combine, no matter the corn moisture or situation. Hits me all wrong, based on the one side we hear of this deal.
Yes, the renter shoulda gone there that day to see what is going on, and sooner woulda been better than later that day, I agree.
Limiting his loss tho, would still come down to telling the cow owner to get his cows out of my corn, or it will cost you.
Would seem to be the obvious loss limiting situation here? Your cows, get them out of my corn where they do not belong.
So, getting there 4 days later really doesn't affect the loss, or what the solution should have been.
As such, your reply just comes off as too strong, too much blame put upon the renter for an issue with a very obvious solution that shouldn't even have to be said. Tho I do agree, the fella should gotten there in a few hours just to see the situation and deal with it.
Now, after the fact, donno what to do. I don't know that it would damage the renter's reputation in my eyes to go after damages from this, I would bill for the damages and with hold the check, not just let things hang so everything is well documented if I went that route. Insurance companies can get into that, if the fence was down, hope you got pics of that too.
But it is a difficult deal, butting heads with a landlord, makes it tough.
I don't have a good answer. If they had known how it would play out, getting the sherriff involved, or penning the livestock yourself and claiming damages would have been a route to go in many states; but dealing with a landlord one probably does not start out with that slution, not thinking the wheels would fall off like they did.
Your reply sounds like it is 80% the fault of the renter, no the landlords problem.
I'd say it's 90% the landlord's problem, the renter did nothing that would change the situation or losses, tho he shoulda followed up sooner - it would not appear to have changed this situation at all. But a person always needs to follow up on your stuff as soon as possible. Lesson learned, I'm sure.
Instead of attacking your message, if I were your neighbor & my cattle got in your corn field, and I called you about it but did nothing about it, what would your reaction be? I guess that is what is left out of your replies.