Intellectual Property Law

Civil Law And Stolen Property?

I have sheep that were on another persons property with the owners permission. After a few months we took most back but left eight behind. When we went back to claim the sheep that we left the owner would not give them back to us as they claimed they were now theirs stating that we gave them to them when it was clearly not true nor did we ever say such a thing. They are tagged and ear marked with our own brand and the owner was provided feed for their own stock as well as our own paid by myself. I phoned the police on this matter once the owner became quite abusive towards me. The police say as no contract was ever written saying that my sheep would stay for so long on this persons property that there is nothing I can do and it is now considered apart of Civil Law. Legally the sheep belong to me but I can not remove them from her property or force the owner to return them back to me. What do I do as I really need help here ???

Public Comments

1. Unless he has a bill of sale, then there stolen property. He can claim that you left them grazing on his land and charge you grazing fees. Was there any written arrangement. File charges against him, see a lawyer.
2. charge her with theft
3. One sided stories hardly are ever the whole story. why did you leave 8 sheep behind? How long did you leave the 8 sheep there after the initial pick up Where do you live?? You have rights but you will have to seek out civil action. MY advice to you is to document all your conversations have specific times and dates noted. File an intent to sue, thus forcing the land owner to seek legal counsel himself. That might be enough, might not. If he is going to be a jerk he can make it long and expensive for you probably more than the 8 sheep are worth. I know you don't want to hear it but always in business trust no one and have no friends. I'M sorry for your troubles. <<<Jen>>>
4. Verbal contracts are binding but are very difficult to enforce in court. The problem with them is that while you might agree in words, the other party may have a different concept. Especially with me since I am half deaf. It is a tort matter, a civil matter, of a misunderstanding between two neighbors. Calling the police and accusing your neighbor of theft when they were started out by helping you out by caring for your sheep, will piss them off and they will tend to act abusive towards you. Call your neighbor and apologize. They were doing you a favor and somehow got the impression that it was okay to keep the sheep. Even if you didn't mean that, somehow you gave them that impression.
5. In civil terms the action would be for conversion. Your neighbor exercised control over your property without legal right. You can sue for the sheep or for their value, but without any paperwork regarding the circumstances, it will all boil down to who's story is believed. If you have any witnesses to the oral arrangement or any pieces of correspondence that refer to the arrangement those might be helpful.
6. You're gonna most likely have to go to small claims court, so you better start gathering all the receipts for the feed you bought during the time that your sheep were on the other persons property. I would also suggest that you get receipts for feed you bought (for just your sheep) prior to letting them go on the other persons property; just to prove that you had also included extra feed for her animals as well. If there wasn't any type agreement for her to keep some of your sheep and there wasn't a time limit on when you should remove your animals from her property, do you have any type of proof of payment to her for letting your sheep onto her property? She may claim that she's keeping your sheep for compensation for using her land. Did you wait more than 30 days to go back and get the remaining 8 sheep? She may claim that you abandoned them and after 30 days she can claim them as hers, but I think she has to have given public notice (like running an ad in the local paper) before she can actually claim them. Best to get an attorney.