A big moan - some advice please

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filly190

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I hope some of you remember that a woman in our village's two horses keep getting out and getting onto my land. Last time one bumped a police car and we were knocked up at 3am to sort it all out.

She fetched her horses and never even thanked us. As this was the fourth time I gave her a couple of weeks, still nothing. So I passed the word on that I was very angrey and she popped a nasty note in my letter box.

Well, this Wednesday, her horses got out again onto our land, we were not knocked up, we just found our newly landscaped drive and boards knackered in the morning. We asked around the village and found out today, that yes it was her horses again. This has now been five times.

I am fuming because she never says thanks, keeps them in a field where the fencing could be stepped over. Her answer to it all is that "someone is letting them out", how dumb!!!

She is an absolute b.... from hell and this week before the incident my husband saw her and collered her about her horses, telling her how rude and irresponsble she was, low and behold it happens two nights later.

We cant stop her horses coming onto part of our land as we have a big open driveway and are landscaping at present to grow hedges up, we cant put up fencing because its a new drive and the council have stipulated what we have to do.

So, this woman, she knows her angrey I am, I have complained the police many times over and they are taking no action. She simply puts on a sob story and says someone is letting them out. Its a dangerous piece of country lane as it is narrow and sharp blind bends with a 60pmh.

What concerns me most, is that someone could be killed by her horses.

What do I do?
 
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What do I do?

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You sue her for damage to your landscaped garden, that's what you do. No way would I stand for this negligence and the way around these sorts of people is by hurting their pockets. I am certainly not of the suing-culture but in this instance, I certainly would.
 
I really wish I had the answer. My daughter was on duty one night as a police officer and phoned me in the middle of the night to ask me to get our horsebox out and move a horse found on the road.Which I did and found someone to take it in ,the lady realised 2 days later and never even thanked anyone.
Maybe you could lock them in a field /stable and charge her before she gets them back.Maybe the BHS or citizen advise could help you with this
 
get in touch with the ILPH and RSPCA, as if she isnt keeping them in properly then she is in effect guilty of neglect.
Speak to your solicitor and see about getting a warning written to her for damages to your land. In the meantime, find out if anyone else has a problem with her or has any damage and record it all.
Can you rig up temporary electric fencing to keep them from coming into yours??
 
Report to the Police every time they get loose. They have to do something when they are on a public right of way ie road usually they call the horse bailiff and in time she will be forced to do something. I know this because there were some horses who kept getting loose loacal to where i live and the police kept phoning me and asking me if I would help them by collecting them and stabling them. I said no because I knew the possible owners and certainly did not eant to get involved and also If i did this then the owners were not being made to be responsible. In the end the RSPCA were involved as the horses lives were being put at risk and then suddenly the horses no longer got loose!
 
Thanks for that. What is making me boil even more, is that this morning I saw her in the co-op and went out of my way to avoid her. I was feeling a little embarased because my husband had given her such a round of verbals on Monday and at that point, I did'nt know for sure it was her horses that got out this Wednesday night.

Had I known this morning, I could have got involved in a right cat fight in the middle of the co-op!! Which clearly I dont want, she is a very nasty woman
 
I dont really know much about animal law and sorry to get abit technical but i am sure under the Animals act 1971 ( section 4 particulaly ) it is a criminal offence to allow horses to stray onto other persons land. By not ensuring her fencing is adequate she is failing to prevent this happening. The animal law allows the council to impound animals found straying and charge the owners a fee. It also allows for damages to be paid to any property damaged. Maybe speaking to the council might help. The police that attend might not really know the law on straying. The police should have a wildlife officer so maybe you could see if your local force has one and ask to speak to him about the problem.
 
Thanks for that. I now know its no use aproaching this woman, she has a nasty answer for everything!!

I feel so strongly about it, that I will now go out of my way to make her life difficult. Its happened too many times and how she has got away with no serious incident I really do not know. That little lane, is like a race track and often cars end up in the hedge bottom.

I feel so angrey, if it happens again, and I am knocked up I feel like taking her horses and locking them up until the matter is resolved.
 
I have not had chance to read the actual act but im sure your entitled to do that. Then charge her for doing so!!!
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You must keep reporting these incidents to the Police then hopefully they will take action against her. They should have already under Section 155 Highways Act 1980 (Animals straying on the Highway).

It is an offence to allow animals to stray onto the highway. If you continue to inform the Police each time it occurs then hopefully they'll take action & they will be able to use evidence of previous instances to rebut any allegations that the animals have only strayed once. The police should inspect the fencing & use those findings aswell. To be honest your police are being negligent really.

If they fail to take the necessary action next time they turn out ask to speak to the duty inspector & complain, this will hopefully ensure the matter is dealt with correctly because it hasn't been up to now. Good Luck
 
you may not be entitled to retain them. although the local authority or police would most certainly be able to do so..the problem is always finding somewhere to put them though. She is definitely committing the offence of allowing them to stray so I suggest you write to the senior officer at your local police station, point out how many times this has happened recently and set a time scale for them to reply to you with how they intent to deal with the matter.
 
Put a big notice up on your gate. "Free to a good home. Unwanted horses. Leave your number and when they turn up we'll call you!!"

Cannot understand how anyone can sleep at night knowing their horses might be escaping.
 
I would get a letter constructed by a solicitor saying that you will take legal action for damages...certainly worth getting some advice. You can usually have a initial meeting foc and then it costs about £50 for them to do a letter...she might take more notice of that perhaps!?
 
Echo Tia, sue for the damage caused - she is strictly liable for it = easy case!!

Bet that'll teach her to sort out her fencing PDQ
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Lots of great suggestions here - I would hit her with the lot! Get a solicitor's letter demanding compensation, contact the RSPCA AND write to the senior officer at your local police station quoting the Act above, and complaining about their ignoring the potential danger. Say that you are also going to contact your local paper to tell them how negligent you feel the police have been, and that they will be responsible if there is an accident. I bet that will get them going!
I know that this all sounds like a lot of work, but the situation seems a bit desperate, and I think if you use every possible way to get something done, she will HAVE to act. I too can't believe that she can care so little for her horses welfare ... I should have thought that that in itself was a case for the RSPCA. Good luck and keep us posted!
 
Perhaps you could release a large Jersey bull into her front garden?
Sorry - not much help. Another example of a person who doesn't deserve horses.

Perhaps you could buy an Irish wolfhound and let it loose in your grounds? Or an undesirable stallion? Still, that wouldn't be too fair on the poor horses...

... just an idea!
 
I would determine who the land she rents belongs to and get your solicitor to write to them claiming damages and advising them of their obligations under law. I would electric fence your property as that will stop the horses getting in. I would also contact the ILPH as they will be pleased to send an inspector round. to investigate further If her horses cause an accident then she will be held liable and she should be unsured for £10,000,000.
 
Update on the situation. I saw her mother in law this morning and through her dismisive comments, blow my top at her. I said I was going to do all of the above.

A few hours later, my neighbour who has been dragged into all of this, through me phoning for her help in the middle of the night, received a phone call from the woman. The woman was crying her heart out and saying sorry.

So my nice neighbour and I went round to see her and have a face to face meeting to sort things out. The woman was crying and I said, I had perhaps gone a little far with her mother in law and by threatening court action. I explained how angrey I was with her not sorting out her fencing.

Her answer to all of this, was well I am shortly moving house and moving my horses out of the area. She did say she was sorry. The land her horses are on, belong to my nice neighbours family. So if I were to persue the legal route with this woman, it would badly affect the family of my neighbour. Which of course I cant do now because too many people would suffer.

However, word has spread right round our village that I am up in arms and threatening to sue, the land owners have been made aware of this and are none too happy. They were merely farmers doing a local woman a favour and expected her to maintain the fencing.

Anyway, I finished off with, that I would sue her if it happens one more time and her horses, her responsiblity, so get it sorted!!!. I backed down on the legal side for now, but she knows I mean business.

This is the fifth escape in the middle of the night in a matter of weeks and how a motorist has not been killed, I do not know.

My nice neighbour has talked me round to keeping things calm for the sake of everyone, but also told off this woman and stuck up for me. So, I feel much better for meeting with her and my neighbours support.

Its such a difficult one, because everyone is suffering, but her in this difficult situation. I dont want to upset my entire farming community by sueing one of them, I just could not do that, but at least they know how serious the situation is now.

Many thanks for your replies.
 
Have you got land?

I would write her a letter and enclose a bill for the damage, give her 28 days to pay, and say that next time her horses get onto your land you will be keeping them with a view to sending them to maket to regain your lost money.

Next time they get out, put them in your paddock, bolt the gate, and wait fo rher to come to you and apologise.

I would also get the police involved.
 
The issue is the fencing. The horses should be moved immediately to somewhere where they can not escape until the fencing in this field is completly secured. To do nothing is not an option as if there was an accident and someone got killed then this would be awfull. The owners of the land should also make sure trhat the horse owner has third party insurance of £10,000,000. Most policies do not have this but after the Mirhavedy v Henley case in 2003 where the owners of the horses were liable for damages caused this is essential.
 
[ QUOTE ]
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What do I do?

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You sue her for damage to your landscaped garden, that's what you do. No way would I stand for this negligence and the way around these sorts of people is by hurting their pockets. I am certainly not of the suing-culture but in this instance, I certainly would.

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Totally agree. Had a similar conversation the other day about some cattle that kept doing the same. Farmer eventually took notice when he was sued!
 
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