Dog walkers walking through your field…

applestroodle

applestroodle

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Sorry this isn’t really for competition riders but a competition horse and an retired competition horse is involved!! Plus you lot are much more sensible and knowledgeable!! ;)
Hopefully someone will be able to help me with where I stand and could I be made liable if one of my horses hurt a dog walker in there field.
Basically we have an old ruined castle near by and one of the only routes to it is through my horses field, it is hidden but we unfortunately do get people searching for it which means they walk across my 13 acre field. Maybe I should add this field is rented and contains sheep to. One of my horses is a dominant, in your face type horse who will gallop over, squeel kick out when loose in his field.
I have just watched two people, young child and dog walk across the field, at first they didn’t have dog on lead but when they saw my horses galloping over they put it on the lead thankfully but I watched them getting harassed and even my two horses getting between them and small child- a little scary to watch but pleased to report that the people survived there Sunday walk and wound my horses up so they are still turing themselves inside out but what really worries me if something did a happen like they where kicked, knocked over or dog injured would I be made liable? Both horses are insured, will phone insurance company tomorrow to ask them where I stand. I am also a BE member and so is one horse.

Thanks in advance
 
If there is public right of way in your field you would be liable if one of your horses hurt someone. You may even be required to fence off the right of way or move your horse to protect RoW users. If there is no RoW you would still be liable if your horse hurt someone.

Rule of thumb is that landowner always has absolutely no rights. Trespass really doesn't exist unless very very serious criminal damage is carried out by trespassers then authorities may be interested.
 
Applestroodle you are in Scotland aren't you? (on phone so can't see avatars etc!). Just remember access laws are different in Scotland. I'm going back a long way to my law degree (I'm not a lawyer!) but I believe a ROW is created after 20 years regular use as such. Either way I think a call to a legal helpline would be of benefit, just make sure they are versed on Scots Law.
 
Ah I see, not sure about the law in Scotland but i know what I said applies to England. In any case i'd be careful as you would almost certainly be liable if your horse hurt someone unless of course you can afford a seriously good lawyer!!! (Am I sounding cynical or what today?!!!??) ;)
 
May have to put a warning sign up? Caution, the horses in this field may be liable to charge, entry at own risk. It could either put people off but on other hand it may actually publicise the route!!? I would definitely seek advice!!
 
Yes, you will be liable.

Be aware that the public liability cover with your BE membership has a £1000 excess. You would be better off with BHS or WHW membership.

I should think the best thing to do would be to put up some big & scary 'Beware of the bull' signs, along with 'No public right of way' and 'Trespassers will be litigated' ;)
 
We have a similar problem as the Cotswold Way runs through one of our fields, which with 3 youngsters, one who hates dogs and probably would have a pop at one if it got too close, is a PITA!

We display signs at both gates (either end) to the footpath saying "dogs to be kept on leads at all times" along with lots of high voltage electric fencing signs which seems to help. Then we have fenced off the footpath (it runs across the middle of on of the paddocks) with thick plastic posts thumped 1ft into the ground and standing 4'6 high and several strands of 'leccy fencing. A bit of a nuissance as turning out/bringing in is a faff and almost impossible to do two horses together as the electric fencing gates + 2 horses is a bit of an impossible juggle but we know that *hopefully* walkers will stay where they are meant to be (or will get a significant belt off the fencing!) and if a dog does run into the field and get kicked then our liability is much reduced as the would owners have ignored request to put on lead and/or known dog was insufficiently trained to stay to heel in which case should have been on lead in first place, although ultimately it would come down to individual circumstances.

Re dogs - low level 'leccy fencing works well at keeping them out the paddocks too!

Can try and take a pic of our set up when I go up later if that would help?

ETA: Although it sets us back ~£150/yr sister, mum and I all have BHS gold membership for the 3rd party insurnace and land owner pays a specific insurance premium which covers her if her horse causes and accident/damage or someone has an accident on the land which she could be held liable for but with R2R not sure whether the latter would be relevant for you?
 
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Not a nice scenario at all and whatever the legalities I'm sure you would have been devasted if the child had got a flying hoof in the head.

Ring the BHS legal helpline ASAP and if you don't have Gold membership ask your own solicitor.
Meanwhile go to your nearest CooP/Farmstore and get some KEEP OUT signs and put them up while you are sorting it out. As its not your land it may well have to be the landowner who does it but a few KeepOut signs isn't admitting anything about your horses.
 
applestroodle said:
Thank you everyone, what do you do though, I have no warning when people are going to go for an afternoon walk?? :(
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Yeah, anyone can roam anywhere in Scotland. Although you could say their dog is upsetting your horses - no dog should be off its lead. I'd put up big signs, asking them to stick to the edges of the field at least and to keep all dogs on leads?

There's a ruined castle just behind our house with farmers fields round it, the old road is still there so its not like you're upsetting any animals but he's put up signs everywhere warning of a bull! Thats one way of stopping people, we ignore it and carry on and never once seen a bull yet, we dont have dogs though and would always walk round the edge of fields. Round here, often there's cows in the fields anyway and they're damn dangerous if with calf.
 
as far as i understand, the countryside access code in scotland carries with it responsibilities for walkers/dog walkers too . They can only claim access across your land as long they are adhering to the code, which states they shouldnt be causing distress to any livestock and dogs should be on a lead. They should also not be causing any damage eg climbing fences. Are they opening a gate to get into your field? Im not even sure a 'right of way' exists in scotland now does it? If there is definitely access across the field to the castle I would either be moving my horses or fencing off a walkway round the edge with very clear signs.
 
Friend of mines horse kicked someone in a field and she rang her solicitor to see if she was liable etc. Solicitor told her not to panic, as by entering a field of horses, you are aware that they are potentially dangerous, and it is a known that horses can and do sometimes bite or kick. It's their natural instinct.

If someone wanders into a field with horses and sheep grazing and they don't have their dogs on a lead then they are very irresponsible and if the field has no public access then you have every right to put up a sign saying, Keep Out, Private Property - strictly no entry. Or Stupid people will be shot! Lol
 
One of the best ways I have ever seen to keep people on a path and out of an area they were not supposed to be in was a sign which read 'Caution Snakes! There are adders in this area and they will BITE'. No-one ever left the path there.... :)
 
SpottedCat said:
One of the best ways I have ever seen to keep people on a path and out of an area they were not supposed to be in was a sign which read 'Caution Snakes! There are adders in this area and they will BITE'. No-one ever left the path there.... :)
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Love that idea! Knowing my luck I'd end up with a load of snake spotters turning up!!

We have footpaths going through our land, and an overly friendly 17h hunter who can bug people. We put intermittant fencing up (ie/ 100yds of fencing, then a break, then another couple of 100yds of fencing (just plain wire) that people can duck under to get away if they're worried, and also it stops the stampede if it happens.. If the worst came to the worst, could an actual footpath to the castle fenced off so people tend to stay on that, rather than wandering all over? We do that with some of our footpaths - I'd rather know people were safe and not going to sue me/upset the animals...
 
I was there in a professional capacity, and snake-spotters would have been well out of luck - it wasn't the right habitat for adders, and on discussion with the wardens (generated by me going 'adders, really?!, seems unlikely...tell me more'), it was a ruse to keep people on the path!!
 
Spottedcat, im laughing lots just the thought of snakes sends me into a cold sweat!!!

Neversaynever, there is no definite access across field and the ruin is kept very secret as its not really very safe, steep drops into a river and all very overgrown and isnt noticable unless you know it is there. Goblins built it apparently... ;)

Thanks eveyone will get some signs done asap. It was very worrying watching my horses earlier, i think even i would have chickened out and jumped the fence!! I did have people once who must have cycled and thought it would be a good idea to chain there bikes to my field gate while they went exploring. I did then rig up the electric fencing!! :)
 
I have a footpath through my land and I have fenced it off with electric and mesh to keep the dogs out as you just cant trust people to keep close control of their dogs and there is no legal requirement to keep them on leads (England). I've also planted hedge along the fenceline to give it more 'substance' what a nightmare but definitely less hassle and safer than arguing with idiots incapable of controlling their dogs/children!!
 
applestroodle said:
Maybe this would be good for my field gate, straight to the point!! ;)

http://www.ebay.co.uk/itm/Beware-Ho...t=UK_Horse_Wear_Equipment&hash=item3a59c702c1
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LOL :D

I've always like the old one:
“If you cross this field you had better do it in 9.8 seconds. The bull can do it in 10 seconds.”

I used to keep my horse at a livery yard which was a working farm as well as breeding horses. They had a standard warning sign of bulls/stallions on the perimeter/gates of any of the fields that the bulls or stallion were turned out in. This was in Scotland.
 
I feel your pain, i really really do!! This is a very sore subject with us, as we have our "top field" which is a square and has a "V" footpath, with 3 accesses going across it. It has been abused for years with people using it as park, throwing balls for their dogs, dogs fowling, jogging round it, playing rounders (we live in a village and this land unfortunately lies in the middle of it!)

We were worried about just turning the horses out in it with no fencing, in case dogs chased them, they chased people (although i would have loved to have seen this, providing no one got hurt, because it does appear we have no rights over our own land and people just take the p*ss, having picnics etc!)

So we fenced the V, with normal plastic electric fencing and posts, which lasted about a day before it got smashed down! Great! So after a year of not using it, we thought this is ridiculous, we'll invest in a more permanant fence, which ment we effectively gave away the rest of the field but at least we could use it.... so nearly £300 later on electric fencing, wooden posts, signs etc ..... ta daaaaaa.....

P1000287.jpg


So you can imagine how pee'd off we were when less than a week later some jumped up, low life, from the village who obviously thought this field should actually be their private park, did this.....

P1010536.jpg


It was reported to the police, but they weren't interested, so all i did was get it put in the local paper and village magazine and hopefully made them feel very bad (i doubt it!) Some people huh! I wouldn't mind but every year we give up our front field for the village festival, good will and all that, then the village repay us like this!

I spend a long time in the fields poo picking, maintenance etc and it really really annoys me the lack of respect people have for your land, dropping litter, letting their dogs fowl, glass bottles! I've given up with this field now and its basically wasted, i've let the grass grown sooooo long that people can bearly walk it ... and the fence is still left exactly the same to remind that idiot of what he has done everyday!!!

So basically, we're at a loss with this field now, i feel this winter we will need to use it and i'm very tempted to just put the horses out in it, but worried about consequences......all opinions grateful as we're at a loss! I tried to divert it, but footpath officer said 2-3 years £3- 4K, out to public consultation etc, so that is not worth it either!
 
Its an absolute nightmare. My mares old field used to have the Pennine Way running through it and one summer we went to catch her and she refused point blank - ended up not being able to get near her for two weeks. One day when I was down trying someone who lived nearby stopped and asked if the horse was alright. I explained what had been happenening and he told me not to be suprised as he had doing some work and seen someone walking through field with dog off lead. My mare trotted over and the dog started yapping at her, owner rushed over and took his walking stick (one of those pole type things that can extend) and started beating her round her head with it. He gave me a decription, but police didn't want to know, so got in touch with national park who didn't want to know, but I can't help wondering if my mare had hurt the dog or its owner, if the police/ national park might have been of more help. x
 
SamuelWhiskers said:
I feel your pain, i really really do!! This is a very sore subject with us, as we have our "top field" which is a square and has a "V" footpath, with 3 accesses going across it. It has been abused for years with people using it as park, throwing balls for their dogs, dogs fowling, jogging round it, playing rounders (we live in a village and this land unfortunately lies in the middle of it!)

We were worried about just turning the horses out in it with no fencing, in case dogs chased them, they chased people (although i would have loved to have seen this, providing no one got hurt, because it does appear we have no rights over our own land and people just take the p*ss, having picnics etc!)

So we fenced the V, with normal plastic electric fencing and posts, which lasted about a day before it got smashed down! Great! So after a year of not using it, we thought this is ridiculous, we'll invest in a more permanant fence, which ment we effectively gave away the rest of the field but at least we could use it.... so nearly £300 later on electric fencing, wooden posts, signs etc ..... ta daaaaaa.....

P1000287.jpg


So you can imagine how pee'd off we were when less than a week later some jumped up, low life, from the village who obviously thought this field should actually be their private park, did this.....

P1010536.jpg


It was reported to the police, but they weren't interested, so all i did was get it put in the local paper and village magazine and hopefully made them feel very bad (i doubt it!) Some people huh! I wouldn't mind but every year we give up our front field for the village festival, good will and all that, then the village repay us like this!

I spend a long time in the fields poo picking, maintenance etc and it really really annoys me the lack of respect people have for your land, dropping litter, letting their dogs fowl, glass bottles! I've given up with this field now and its basically wasted, i've let the grass grown sooooo long that people can bearly walk it ... and the fence is still left exactly the same to remind that idiot of what he has done everyday!!!

So basically, we're at a loss with this field now, i feel this winter we will need to use it and i'm very tempted to just put the horses out in it, but worried about consequences......all opinions grateful as we're at a loss! I tried to divert it, but footpath officer said 2-3 years £3- 4K, out to public consultation etc, so that is not worth it either!
Click to expand...


Wire your electric up to the mains, watch em pull it down then! Can you you rig up CCTV. The kits are not to expensive. At least then you'll have proof if it happens again.
Its not on. We live in a small village and have a sizeable drive. We had our caravan parked on it overnight after a holiday so parked a car over the road. Next morning somebody had chucked paint all over it! Police called, but not a lot they could do. People are jealous and nasty. Im a firm believer in 'what goes around comes around'. We know who it was and the next time he does 60 through the village on motobike with no helmet our CCTV will pick it up!
 
Thank you everyone for your help and SamualWhiskers i would be fuming!! The people who walked through my field on Sunday parked on the grass verge outside my gate and then drove along the grass verge on there way out, so now there is lovely big muddy tyre marks all down the drive. I am assuming it was so they didnt get there car muddy or ruined in the pot holes!! GRR!! What sort of signs does everyone think i should put up?

http://www.ebay.co.uk/itm/3-x-CAUTI...ories_SM&hash=item27be713b35&autorefresh=true

or something like this or both

http://www.ebay.co.uk/itm/Private-E...796?pt=LH_DefaultDomain_3&hash=item336b7906c4
 
Were told to report all crimes to police so that they hopefully realise that villages have problems, should we also report them to MPs and BHS or not, then if we make enough noise might be listened to
 
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