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BAD day need information on property rights

This is a discussion on BAD day need information on property rights within the Horse Law forums, part of the Horse Resources category

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        01-31-2013, 08:35 PM
      #41
    Foal
    Quote:
    Originally Posted by jaydee    
    Agree - call whoever it was that came out and discuss it with them
    A lot of non horsey people have no clue about how horses live. If one of mine lies down in sight of the road for any length of time I can bet I'll have someone calling to tell me I have dead horse.
    The only problem I can possibly think of is what are your zoning laws there? I know its something that's rarely checked up on but someone being spiteful might do it if the field looks muddy they might push that you have more horses per acre than your zoning rule allows.
    The zoning laws here are an acre per horse and the property we are on is grandfathered so its after 10 ac we could have more but we keep it down to usually seven, right now we have more but it doesnt really matter since we have over what we need. :)

    We are going to get the call tomorrow, it was the SPCA and I do not think she had any authority to be around the horses. We are not going to make a big deal out of it but we putting up more signs of private property.
         
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        01-31-2013, 08:38 PM
      #42
    Foal
    Quote:
    Originally Posted by RockyTrails    
    I hope your sisters stepson is okay.
    aww thanks yeh he received staples and should be fine :) he said his modeling days are over. Lol
         
        01-31-2013, 08:43 PM
      #43
    Banned
    Quote:
    Originally Posted by waresbear    
    Someone is concerned for your horses, SPCA will check it out and tell them nothing is wrong. If nothing is wrong, you have nothing to worry about. I don't know the laws regarding the SPCA's authority in your area, but I doubt they would overstep their bounds, they know the laws. Best to let them see everything & show them the horses are fine and they can report back to people who were concerned.
    Your naive belief in government agencies doing the right thing is cute.
         
        01-31-2013, 08:43 PM
      #44
    Foal
    We were told she checked up because they were worried horses were out in the rain. To me that is no reason to go look at some horses out in normal weather for PA right now. Never said one thing about being under weight not having food or in any danger , I feel like the whole thing is so darn fishy especially since the SPCA as im finding out has no legal reasons to do it if they are privately owned. Hoping this all end tomorrow :)
         
        01-31-2013, 09:01 PM
      #45
    Weanling
    Checking for horses in the rain???!!!! What the? Up here we can barely get them to go check on starving horses that are completely neglected, and they come to your place to check on horses in the rain??!! That is nuts. Wow
         
        01-31-2013, 09:56 PM
      #46
    Foal
    Quote:
    Originally Posted by Mochachino    
    Checking for horses in the rain???!!!! What the? Up here we can barely get them to go check on starving horses that are completely neglected, and they come to your place to check on horses in the rain??!! That is nuts. Wow
    Yeh right and from what I read she had no authority to set a foot on the property.

    What specific authority does the SPCA have

    I found this web site is it true?

    We are calling the SPCA again tomorrow morning, I don't know what im going to say I should probably write it down so it comes out right.
         
        02-01-2013, 01:25 AM
      #47
    Weanling
    Quote:
    Originally Posted by chubbypony    
    Yeh right and from what I read she had no authority to set a foot on the property.

    What specific authority does the SPCA have

    I found this web site is it true?

    We are calling the SPCA again tomorrow morning, I don't know what im going to say I should probably write it down so it comes out right.

    I'm wondering why you feel the need to call them. Let it go.

    Sure, people can and will call to report things. Even when they know nothing about the subject. That's life.

    Until the SPCA or other authority comes to you with a specific accusation, why are you concerned? Let it go until they contact you with a specific concern or question. Until then, everything you are going on is heresay. Sure the old lady told you "yada yada yada" but how accurate is that?

    No one has accused you of anything until someone actually accuses you of something.

    In any legal matter, or one that has the potential to become legal, there is one rule of thumb... SHUT YOUR MOUTH. ANYTHING you say can -and will - be held against you.

    They way I am reading this thread, you are rushing to call the SPCA to tell them what you aren't doing wrong. You don't even know for sure what someone called to report.

    From what I have seen, things have to be pretty far out of hand for the SPCA (or other animal organization) to actually take action. If your horses are even half as well cared for as you claim, there is nothing at all to worry about.

    I don't think it matters who has the right to trespass on your property or not. In practice, I don't see the SPCA or even an official organization doing so. Any complaint that was made was done so from the road. That means the violation should be plainly visible from the road. If someone wants to examine your horses or their living conditions from inside your property, they are going to knock on the door first. That's just smart. Jumping the fence and sneaking into a barn to look at a horse up close is a good way to get shot as a trespasser in some parts. If they were that desperate to do so without giving you advance warning, they would get a warrant and serve you before doing the search. You would see cop cars lit up... they don't do the "stealth" thing in situations like this.

    You see someone on your property who doesn't belong - call 911 to report them. AC, SPCA or whatever - they are halfwits if they are sneaking around on private property. Especially in an enclosure with horses they do not know.

    Best thing is to chill out and be quiet. Wait until there is a specific accusation before you answer anything. Until there is an actual notification (usually in writing) by a legitimate organization, you have not been accused of anything.
    VelvetsAB likes this.
         
        02-01-2013, 01:44 AM
      #48
    Weanling
    One other thing...

    In some places (New York at least) duly organized SPCA organizations (which are private non-profit corporations) do have "Peace Officer" status. That means they wear uniforms, carry guns and have arrest powers. Your state or county may or may not have an SPCA with that status.

    Still, they will usually require a warrant to enter your property. And unless there is a compelling reason to down unannounced "raid," they will knock on your door first.

    If they do not have peace officer status or arrest privileges in your area, their powers are considerably more restricted.
         
        02-01-2013, 05:26 PM
      #49
    Foal
    Quote:
    Originally Posted by Tazmanian Devil    
    I'm wondering why you feel the need to call them. Let it go.

    Sure, people can and will call to report things. Even when they know nothing about the subject. That's life.

    Until the SPCA or other authority comes to you with a specific accusation, why are you concerned? Let it go until they contact you with a specific concern or question. Until then, everything you are going on is heresay. Sure the old lady told you "yada yada yada" but how accurate is that?

    No one has accused you of anything until someone actually accuses you of something.

    In any legal matter, or one that has the potential to become legal, there is one rule of thumb... SHUT YOUR MOUTH. ANYTHING you say can -and will - be held against you.

    They way I am reading this thread, you are rushing to call the SPCA to tell them what you aren't doing wrong. You don't even know for sure what someone called to report.

    From what I have seen, things have to be pretty far out of hand for the SPCA (or other animal organization) to actually take action. If your horses are even half as well cared for as you claim, there is nothing at all to worry about.

    I don't think it matters who has the right to trespass on your property or not. In practice, I don't see the SPCA or even an official organization doing so. Any complaint that was made was done so from the road. That means the violation should be plainly visible from the road. If someone wants to examine your horses or their living conditions from inside your property, they are going to knock on the door first. That's just smart. Jumping the fence and sneaking into a barn to look at a horse up close is a good way to get shot as a trespasser in some parts. If they were that desperate to do so without giving you advance warning, they would get a warrant and serve you before doing the search. You would see cop cars lit up... they don't do the "stealth" thing in situations like this.

    You see someone on your property who doesn't belong - call 911 to report them. AC, SPCA or whatever - they are halfwits if they are sneaking around on private property. Especially in an enclosure with horses they do not know.

    Best thing is to chill out and be quiet. Wait until there is a specific accusation before you answer anything. Until there is an actual notification (usually in writing) by a legitimate organization, you have not been accused of anything.
    First off we knew she was there because someone complained that we had horses out in the rain. She told the guy who rents the house that.

    Also she told us we NEEDED to call her. We didnt want to not call then have her show up again or something.

    She went on the property and looked around she told my mom today that she didnt go in the barn but that she has the authority to look around the property.

    I was very nervous, I admit I've never had this happen to us before and the woman was harsh to us LIKE WE were doing something wrong.
         
        02-01-2013, 05:35 PM
      #50
    Foal
    We got in contact with the SPCA today and my mom had a short conversation with the woman from the shelter. She said someone noticed your horses were out in the cold rain and called us to check in and make sure they were being cared for....

    My mom kept it short because it was almost like the woman was digging. Its pretty much all except she made a little remark at the end like as if she needs to make us a visit again...

    So much stress over what well thanks everyone now im more informed on this.
    My main concern is not showing her around its that some person I don't know if wondering around my horses, I would blame my self if anyone every was injured because of one of them...

    Thanks again
    Happy trails
         

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