Boundary fencing issue

Polygon

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We have our horses at home and our paddocks have post and rail - no issue there. However, we rent an additional field from a neighbour. That field is separated from our next door neighbours field (different neighbour!) by post and rail. The posts are old (probably decades old, our horses have been in there just over one year, on and off) and several in the middle are rotten at the bottom and have snapped through, meaning the middle section of the fence leans towards our next door neighbours field (I've never seen our horses leaning on it but the field is slightly downhill so the gravity effect plus prevailing winds mean it leans away from us not towards). It's been like this all the time we've been renting the field. I have checked with the landlady of our field and she says the fence belongs to the next door neighbours, not her. However, next door is rented out. We've never met the actual owners as it's been rented out for several years whilst they were abroad. BUT, their tenants are having a shocking time with problems with the house and stables and have taken it up with their solicitor, and understandably don't feel like raising this additional issue with their landlords. I should add, the tenants next door have horses in the field with the problem fence. What should we do? Obviously in an ideal world I'd love the landlord next door to replace the fence but I know they won't. I don't have their contact details so would have to go through the letting agent. Of course we don't want to pay for expensive new fencing for a field we don't own - I'd prefer to spend the money getting our own fences upgraded! I believe that legally though we are bound to keep our own stock in (i.e. if they got through because the fence fell down, it would be our fault?) so I thought of putting up some wooden poles all along the boundary (on our side) with electric tape attached by those screw in things (so pretty reliable fencing) as it would be cheaper. But then I remembered there is a public footpath through both fields (rarely used), and the problem fence has a stile in it (not on the leaning part), so by doing that I'd be effectively blocking a footpath! Any ideas?! Thanks!
 

The Fuzzy Furry

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You fence your lot in safely, if that means putting a hanging gate in so the stile can be accessed, then you'll have to do it. Tape on posts is fine, pop in 2 extra wooden posts to hold a narrow person (garden?) gate for pedestrians and fit springs so it self closes too, (ensure it opens into your borrowed field and closes into a slam post)run the electric under in an insulated tube.
At least yours would be safe, and you have stuck to the letter of the law, as yes you are legally bound to prevent your stock from straying or causing damage to others property, so you need to fence yours in.

Regrettably, however much you feel sorry for them, your neighbours are not your problem.
 

Polygon

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Thank you! Great advice. Another thought is to ask the neighbours (owners not tenants) if they'll mend the fence and if they say no, let them know we will be replacing the rotten posts unless they tell us not to. I reckon we could replace just 3 or 4 posts and get the whole fence a lot more secure. And no footpath issues?
 

The Fuzzy Furry

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Thank you! Great advice. Another thought is to ask the neighbours (owners not tenants) if they'll mend the fence and if they say no, let them know we will be replacing the rotten posts unless they tell us not to. I reckon we could replace just 3 or 4 posts and get the whole fence a lot more secure. And no footpath issues?

It's not your job to mend their fence, you must fence yours in. Why should the neighbour fence your horses out of their land?

I'd be hopping mad if a neighbour a, told me they were replacing my fence posts and b, the neighbour replied on my boundary marking fence to keep their stock safe.
Obviously my fences are secure, so it wouldn't arise, but on one long boundary there are 2 fences. My neighbours fence on the boundary (she owns the boundary) and mine on my side.

You really must have your own fence and definitely don't start replacing or repairing someone else's boundary fence!
Fencing livestock is not like garden fencing.
 

Red-1

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I agree ^^^^

It is nice if the neighbour fences your horses in, but they don't have to. With our fields I have electric fenced inside the boundary, so my horses don't come into contact with the neighbours' fence.
 

ycbm

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Electric fence your side with either temporary or 4 inch round wood posts. At the stile, run the tape/wire into a hose and bury the hose in the ground to cross the path of the stile. Job done.
 

Micky

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I think that you have the responsibility to fence your stock in, same as sheep/cattle so in this case I’d probably use some electric fencing for the time being until the fencing debacle is resolved.
 

YorksG

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We have dry stone wall boundaries o our fields (we keep our horses at home) but we also have electric fencing inside all our boundaries. It is up to you to keep your horses in, so put up some electric fencing on the boundary with the dodgy fencing.
 
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