Horses trespassed due to gas company tearing down fence in WV.

Question

My horses accidentally went onto a neighbor's private property after a gas company tore down my fence without notifying me. This resulted in a situation where the landowner, who has sued me before for damages related to my horses, notified me about the incident but refused to let me onto the property to retrieve my horses. How should I proceed, given that the main cause was the gas company's actions?

James L. Arrasmith · Answer

Start by documenting everything. Take photos of the torn-down fence, the horses on the neighbor’s property, and any communications with both the gas company and the neighbor. Keep a record of dates and times, as this will help establish that the trespass was caused by the gas company’s actions, not negligence on your part. 
 
Next, contact the gas company immediately and inform them of the situation. Ask them to assist in repairing the fence or, at the very least, provide a written acknowledgment that their work caused the breach. This documentation can be critical if any disputes arise or if the neighbor threatens legal action. 
 
Finally, communicate with the neighbor calmly and in writing, explaining that the trespass resulted from the gas company’s actions. Request permission to retrieve your horses and offer to have someone accompany you to ensure the process is safe and non-confrontational. If the neighbor continues to refuse access, you may need to seek guidance from an attorney about the proper legal steps to recover your animals without escalating conflict.

Q: Horses trespassed due to gas company tearing down fence in WV.