Legal Question in Criminal Law in New Mexico

We live out in the desert areas, and ranchers leave their cattle unsupervised in the area. We have a complete barbwire fence and gate where they cannot get in. However, on my property I am digging a five foot hole just to burn garbage and brush in. I am being told that if one of the cows gets on the land and falls in the hole, that I will go to jail and be fined for the death of a cow even if it is not my fault. I ask because there is a failry young cow jumping through my barbwire and getting on my land at night, and I am afraid it will fall in the hole. Can I get in any trouble if it falls into my hole and dies or something. I cannot put up a barrier around it, and nobody's cows should be jumping through my fence. What should I do? What rights do I have? I have no money because of economy, so I came here. I need help with this question.


Asked on 7/29/10, 1:19 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

NM has a fence-out law. That means you must fence the cattle out; the rancher does not need to fence the cattle in. One oldtimer's trick is to catch the calf, corral him, then notify the neighbor that you are charging $10.00 per day for forage rights. Also, no animal can jump through a 5-wire fence, which maybe is what you need around your gate.

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Answered on 8/03/10, 1:44 pm


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