As I have noted many times before. There are many ways in which the law intersects with the daily lives of farmers and ranchers. Today’s Firm to Farm blog post addresses several of those areas. Just a little thinking out loud on a random basis.
Self-Defense
A common question in agricultural settings is how far you can go in defending your personal property from those who would cause damage or steal.
Agricultural property is often exposed to those who want to steal, damage, or destroy. Where’s the line drawn? How far can you go to protect it? In general, to protect property from vandalism and theft, you have a right to use reasonably necessary force under the circumstances. But you can’t use force beyond what could reasonably be believed necessary under the circumstances, and you can’t use such force as is likely to lead to significant bodily injury or death.
A famous Iowa case from the early 1970s points out that you can’t use force that could physically harm or kill another person in defending your personal property if your life isn’t likewise threatened. For instance, be careful using guard dogs to ward off trespassers. The general rule concerning guard dogs is that you can’t use any more force through an animal than you could personally. So, if a guard dog injures or kills an intruder, it is the same as if you had done it. Likewise, liability for a dog’s dangerous propensities cannot be avoided by posting a sign notifying trespassers of a dog’s presence.
Relatedly, what can you do within the bounds of the law to defend yourself from an animal such as a dog or a bull or other farm animal that isn’t yours? In recent years, some states have enacted “stand your ground” provisions that allow you to use whatever force you think is necessary to protect yourself from an equivalent threat, up to and including lethal force. You don’t have a duty to get away before using force. But you can’t just fire away at will. Your use of deadly force must be justified – and you’ll have to prove it. You don’t get a presumption that you could use deadly force.
The issue often arises in rural settings with dogs and livestock that don’t belong to you. If the animal threatens you with great bodily harm or death, then you can take the animal’s life. But you’ll have to establish through video or eyewitness testimony that your action was justified. You’ll likely be charged with animal cruelty or damage to property, and then you must establish that you acted adequately based on the circumstances. Remember, whether you acted properly is based on your reasonable fear for your life. A jury will determine that question if the matter ends up in court.
Good Samaritan Laws
You’re not legally required to render aid to another person who is in peril. But does the law provide any protection if you try to help?
The law once discouraged people from helping others in peril. One extreme example was the Genovese case in Queens, New York, in 1964. Many people watched from their homes as Kitty Genovese was attacked in the early morning hours on her return to her apartment from work. No one did anything until it was too late. They later said that they feared liability for getting involved. This event helped spur the enactment of “Good Samaritan” laws in all states.
Even though the law doesn’t require you to help someone else in peril, if you do, you won’t be liable for any injuries resulting from your attempt to help unless your assistance is reckless or you intentionally injure the person. Kitty’s situation was horrible, but it did result in a good change in the governing legal rules. The rule can also apply in agricultural settings when aid is rendered to livestock in peril.
Issues when Cleaning Out a Fencerow
Cleaning up fencerows seems to be an ongoing project. However, in the cleanup process, legal issues can arise that you might not have considered.
For example, what should you do if there’s a tree in the fence line? In that situation, each adjacent owner has an ownership interest in the tree. It’s considered jointly owned, and you could be liable for damages if you cut it down and your neighbor objects. But, if only the branches or roots of a tree extend past the property line and onto an adjoining neighbor’s property, the branches and roots don’t give the neighbor an ownership interest in the tree. Conversely, in that case, you can trim the branches that hang onto your property. That’s an essential point if, perhaps, you are dealing with a thorn tree that can puncture tires.
Maintaining good communication is always beneficial when property line work is involved. Also, if a neighbor’s tree falls onto your property, you must clean up the mess – but you can keep the resulting firewood. The converse is also true. And it’s not a trespass to be on your neighbor’s side of the fence when doing fence maintenance, such as cleaning a fence row.
Conclusion
There will be more issues to discuss next time. For more in-depth agricultural and legal insights, visit the Firm to Farm blog or consider a premium subscription to Roger McEowen’s Substack by entering your email below.
