Animal Ownership

[bilyo]

I'm in the State of Alabama living in a typical residental neighborhood. We maintain several "free roaming" cats by feeding and tending to medical problems (we have captured them to tend to severe injuries) as needed. We have neutered most of them (males, of course) and keep them here (by feeding them) to "control" the population. We have historically had problems with breeding cats increasing the population to nuisance levels. Keeping these 4 or 5 around almost eliminates the problem. Our neighbor has started trying to trap them (using a live trap provided by the local animal shelter) to get rid of them (on his property). Does he have the right to do that? Can we claim them as our property and charge him with theft of property? Is he breaking any "cruelty to animals statutes? While we feed and care for them, we don't necessarily keep up all shots, etc. as if they were pets. Some are friendly and can be petted but otherwise, you can't handle them.
Thanks, Bilyo

 

[JETX]

Our neighbor has started trying to trap them (using a live trap provided by the local animal shelter) to get rid of them (on his property). Does he have the right to do that?

Of course he does!!

Can we claim them as our property and charge him with theft of property?

Only if he enters YOUR property to 'get' them. The key here is... if you want to keep them...
keep them on YOUR property.

Is he breaking any "cruelty to animals statutes?

Nope. In fact, your feeding and not controlling loose cats may be a violation of your state or local laws.

 

[racer72]

Does he have the right to do that?

Yep, sure does.

Can we claim them as our property and charge him with theft of property?

Nope. Your property should not be on his property. By claiming the cats as your could also make you liable for any damage caused by the cats.

Is he breaking any "cruelty to animals statutes?

No. If you want to keep the cats as yours, keep them on your property. Otherwise the other property owner can do what they are doing. Depending on where you live, he could also shoot the animals too. Cats are not wild animals and should not be running free.