any leagal beagles out there?

G

gingenut

Member
Joined
17 February 2008
Messages
14
Visit site
hi! im new to this website, and have a problem to solve, i have an escaping horse and an anoyed neighbour, to the piont that he has threatend to get an injuction stopping me from keeping my horses on my field, my first question is, can he do this? and although a responsible horse owner that i am, is it his responsablity to keep them out or mine to keep them in?
the othe question i have for those with green fingers:
what quick growing non harmful nautral hedge or tree can i use to help me with this defence, i have a good 4 to 5 months before my horses have to back on the field,,,
any usefull constructive advice will be gratfully received
thankyou the ginger one
 
I doubt he could get an injunction but you would be liable for any damage your horse caused. Try electric fencing, before he gets on road and causes an accident.
 
It's up to you as the land owner to provide adequate fencing to contain your livestock. Do you have liability insurance? If you don't, you could be found guilty of negligence if your horse escapes and causes damage to other property or an accident.

No hedges will grow quick enough to provide a barrier in that time scale. Your best bet (and probably cheaper than planting a hedge) is to put in some decent fencing.
 
you need some proper fencing. It is your responsability to keep the horse in the field. you can be sued for any damage done by the horse when it gets out. not sure on the injunction but he probably could.

Even with good hedging, ponies tend to eat it and push through it so good post an rail fencing is about the only thing that is good and safe. cheaper is wire fencing but it is easier to push over and you do risk the horse in question putting a leg through the fence and doing itself injuries.
 
I would suggest that you look up the Mirhavedy v Henley [2003] case where the House of Lords upheld the Court of Appeal's decision that the owners of a horse are liable for an accident caused by it.

It is essential that your fencing is completly secure and that you hold third party public liability insurance of not less than £10,00,000. Check your policy carefully as many policies do not provide this level of cover.
 
I think the ASB order re the pigs was repealed at a later date. I do not think your neighbour could get an injunction stopping ypu from having horses on your own land, however he could get an injunction stopping your horses going onto his land. Breach of an injunction is a criminal offence so quite serious.

In any case if you know that your horses can escape the matter is forseeable and you run a very real risk of being sued for damages, which your insurance may not cover (as you are being negligent). I would get some good fencing up ASAP. We are looking to moving soon and will be having post and rail with an electric rope to the road side boundaries with Hawtrhorne hedging to the outside (this will take 3 - 4 years to establish). The separating fences will be post and 3 strands of electric rope.
 
Fraid it's your responsibility to keep them in. If they stray onto the highway it could be the Police prosecuting you regardless of what the neighbour does, whether or not they cause a collision, sorry.
 
You must log in or register to reply here.
Top