Definition of livestock - help!

[Marigold4]

OK so can any of you clever people help me with this. The house we want to buy has a field and stables but it has a restrictive covenant on it saying no "chickens, fowl, pigs or livestock" may be kept at the property. So whether we can safely buy the property or not hinges on the whether livestock includes horses. There is a definition of livestock in the Agricultural Tenancies Act and says horses can be livestock if they are "farmed" ie for meat etc so doesn't include recreational purposes. In the Dogs (Protection of Livestock) Act 1953, horses ARE included as a general category in the definition of livestock. Several people have the benefit of the covenant so getting it removed would be difficult. So I'm trying to find a definitive answer to whether horses are livestock or not. If any of you (I know some people on here have farming connections) have any knowledge of this I would be very grateful to hear thoughts. My solicitor is doing his best but without specialist knowledge, it's difficult to be conclusive. Sorry, a bit of specialist question but just thought I would ask.

 

[splashgirl45]

I think a lot of problems for us to keep horses are that they are not considered as livestock so hopefully you will be ok. Can you contact the BHS for guidance ?

 

[Marigold4]

I think a lot of problems for us to keep horses are that they are not considered as livestock so hopefully you will be ok. Can you contact the BHS for guidance ?

good idea - I'll give them a ring

 

[The Xmas Furry]

What is the land currently registered as? Is it agricultural, or equestrian? Either will make a difference.
Have the vendors kept horses in the stables and on the land without hindrance? Have they ever taken out an indemnity policy out on it, or previous owners, regarding the keeping of horses for pleasure etc?
If agricultural then keeping livestock will be likely a no under the covenant.
If its equestrian then you have an opening.
Get the information together and then go via BHS legal line. They tend not to put anything in writing tho, but might be able to give your solicitor a lead.

 

[ElleSkywalkingintheair]

Have any horses been kept on the property since the inception if the covenant? Can you get a statement for anyone who has had horses or photographic evidence if them being there from anyone? Might not help with definition of livestock but might help to prove them have been in the property for xxx years without complaints

 

[PeterNatt]

You will need to get a Queens Council's opinion on this.

 

[The Xmas Furry]

You will need to get a Queens Council's opinion on this.

A KC shouldn't be necessary.

 

[cauda equina]

https://uk.practicallaw.thomsonreuters.com/0-518-9421?transitionType=Default&contextData=(sc.Default)&firstPage=true#:~:text=Includes%20any%20creature%20kept%20for,in%20the%20farming%20of%20land.

 

[Marigold4]

You will need to get a Queens Council's opinion on this.

I did speak to a chambers this afternoon that specialises in agricultural and rural matters and hope they might advise. Not what I wanted (the expense) but it could be a very expensive mistake otherwise.

 

[Marigold4]

https://uk.practicallaw.thomsonreuters.com/0-518-9421?transitionType=Default&contextData=(sc.Default)&firstPage=true#:~:text=Includes%20any%20creature%20kept%20for,in%20the%20farming%20of%20land.

I found that one and it looks very helpful. But I wonder if it's a definition for a specific purpose - to define livestock in the context of agricultural land. I wasn't sure it would help in a more general/residential context like mine? I'd be delighted if it was enough though!!!

 

[Marigold4]

A KC shouldn't be necessary.

Hopefully not - it would cost a bomb but I do need to know for sure before investing in this property.

 

[AmyMay]

Are your horses ridden?

 

[Marigold4]

Are your horses ridden?

They are

 

[AmyMay]

They are

Then they wouldn’t be considered agricultural.

 

[Marigold4]

Then they wouldn’t be considered agricultural.

The key question though is are they livestock?? Are horses used purely for recreational purposes livestock?

 

[AmyMay]

The key question though is are they livestock?? Are horses used purely for recreational purposes livestock?

Sorry, my bad.

It’s a common discussion on here and the general consensus is that a ridden equine is not considered livestock. But I concede that’s not a legal conclusion.

 

[AmyMay]

How long has the covenant been in place? Can you speak to the solicitor who drew it up or the beneficiaries?

 

[Marigold4]

Sorry, my bad.

It’s a common discussion on here and the general consensus is that a ridden equine is not considered livestock. But I concede that’s not a legal conclusion.

Thanks for helping though. Such a lot hinges on this one word!!!

 

[Marigold4]

How long has the covenant been in place? Can you speak to the solicitor who drew it up or the beneficiaries?

We are a bit reluctant yet to speak to the people with the benefit of the covenant - no doubt they will want money, if willing, to release the covenant. If I could just nail down that recreational horses are not livestock I could avoid going down that route.

 

[Bobthecob15]

We have similar with our paddock (not really big enough for horses anyway but we did consider it) we asked our solicitor about the covenant being removed for another reason (if we wanted to build on it for example) and she said that we would have to apply to the beneficiaries because the covenant was written a very long time ago…it would be up to them to decide. We would likely need to pay their legal expenses for doing so plus whatever they wanted for the permission if they agreed. Ours also says agricultural, it was our impression horses are not agricultural.

As it stands we don’t want to build on it and it’s only under an acre so not enough for horses anyway…we bought the house anyway as we loved it and keep at livery regardless.

 

[Goldenstar]

Your solicitor should be seeking advice from a specialist in that area this should not be difficult.

 

[AmyMay]

Looking on Gov.uk horses are not listed as livestock.

 

[Marigold4]

Looking on Gov.uk horses are not listed as livestock.

Yes, thanks, I looked on Gov.uk and also Defra and it does seem to suggest not recreational horses. I think it will probably be OK but it's such a risk!

 

[blitznbobs]

Livestock​

Includes any creature kept for the production of food, wool, skins or fur or for the purpose of its use in the farming of land.
This is the definition in section 38(1) of the Agricultural Tenancies Act 1995 (ATA 1995). Whether or not any particular creature is regarded as livestock will depend on the construction of the statutory definition relevant to that situation.
Livestock has a restricted meaning in an agricultural context. The definitions in the ATA 1995 and the Agricultural Holdings Act 1986 frequently cause problems in relation to horses. These definitions only include horses kept for their meat, hides or for use in farming the land, such as ploughing or drawing farm vehicles. They do not include horses kept for recreational, stud or equestrian purposes. For more information, see Practice note, Grazing licence or farm business tenancy: which to use: Land let for grazing horses.

 

[Marigold4]

I'd really

Livestock​

Includes any creature kept for the production of food, wool, skins or fur or for the purpose of its use in the farming of land.
This is the definition in section 38(1) of the Agricultural Tenancies Act 1995 (ATA 1995). Whether or not any particular creature is regarded as livestock will depend on the construction of the statutory definition relevant to that situation.
Livestock has a restricted meaning in an agricultural context. The definitions in the ATA 1995 and the Agricultural Holdings Act 1986 frequently cause problems in relation to horses. These definitions only include horses kept for their meat, hides or for use in farming the land, such as ploughing or drawing farm vehicles. They do not include horses kept for recreational, stud or equestrian purposes. For more information, see Practice note, Grazing licence or farm business tenancy: which to use: Land let for grazing horses.

I'd really love that definition to be what I need and it sounds really helpful, but doesn't it just apply to the context of agriculture tenancies? I'd be really happy to be proved wrong. I've found two other Acts that define livestock as including horses - the Animals Act 1971 and the Dogs (Protection of Livestock) Act 1953. They just use the term "horses" though and make no distinction between those kept agriculturally and those kept recreationally.

 

[Boughtabay]

I’d still get advice from a solicitor so you have evidence if ever queried. Horses kept for hobby/recreational purposes are not livestock. We don’t legally have to notify anyone when they die, and can bury them at home if they are “pets” (and following certain rules) as they are not considered livestock. Sheep, cows, goats etc. can’t be buried at home under any circumstances (except certain remote islands) even if they are “pets” because they are classed as livestock.

 

[Marigold4]

I’d still get advice from a solicitor so you have evidence if ever queried. Horses kept for hobby/recreational purposes are not livestock. We don’t legally have to notify anyone when they die, and can bury them at home if they are “pets” (and following certain rules) as they are not considered livestock. Sheep, cows, goats etc. can’t be buried at home under any circumstances (except certain remote islands) even if they are “pets” because they are classed as livestock.

Oh that's helpful. Where will I find that information? DEFRA website?

 

[Boughtabay]

Oh that's helpful. Where will I find that information? DEFRA website?

Fallen stock and safe disposal of dead animals

How to safely and legally dispose of dead farm animals and horses.

www.gov.uk

 

[SEL]

What's on the land at the moment Marigold?

 

[Marigold4]

What's on the land at the moment Marigold?

It's empty pasture. The previous owner kept horses on it but that was at least a decade ago and the properties that have the benefit of the covenant have all changed hands since then so I can't guarantee they won't object. They probably don't even know about the covenant but I need to be sure before committing to buying it.