Fencing and neighbours

Ceriann

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We have two paddocks that back on to our neighbours land. One paddocks backs in to their paddock, the other backs on to their little woodland/garden (with mixed hedging inside their boundary). In each case the property deeds state its our neighbours responsibilty to maintain stock proof fencing. The fencing for the paddock on paddock has been dodgy for years - we’ve patched it up etc, always fixing damage caused by our horses but its getting to the point of no return. So we approached neighbours and said we’d sort it if they helped (physically not by paying). They agreed but asked if we’d pop a gate - we occassionally graze our sheep on their field (mutually beneficial) and they access our poo pile for fertiliser. In the last few days they’ve asked us to also sort the paddock on garden fencing, specifically asking us to replace it in a way that stops my horses chewing bark on their trees. We’ve checked the fence, its not in bad condition, also replacing a couple of rails. Horses have chewed bark on two trees (not poisonous - ive always checked boundary trees). We will pop some electric fencing to discourage them where its needed too. When my OH popped over to see them to explain what we’d done/will do (and to say we saw no reason to replace that fencing), responsibility was raised and it was apparent they knew the position under the deeds. My OH has now taken the hump and thinks they are taking the mick. He’s also worried we create the wrong precedent if we now take the lead and pay for any of the fencing. I do think they’ve been cheeky and dont want to create an expectation that we pay for all of this but want to get to a position the dodgy fencing is sorted. Nothing like a boundary chat to sour neighbour relations!!
 

be positive

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I agree with the above - If it was me I would erect brand new fencing including on my boundary knowing that it was safe and would keep my horses safe and secure for many years to come with little maintenance in the future to worry about.

This is what I am about to do, the boundary fence belongs to my neighbour but they have no stock to keep in so it is barely adequate and certainly not safe enough for me to risk my horses near it, at the moment they are behind electric fencing with the plan being to replace the boundary before the winter, needing to wait until end of August as some scrappy bits of hedge/ undergrowth needs cutting back, unless it is really bad I will put my new fence on my land and leave the neighbours as it is.
 

SusieT

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I'd fence your horses in and leave them to do whatever they wanted. and If it meant my horses could reach their non poisonous trees well...
I might go and ask them to cough up for a bit but without expectation
 

Fred66

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They could pig wire fence it which would be stock proof but not really the best for horses. So possibly talk again and ask them to contribute x in terms of cost and either assist in putting it up or contribute a further amount to pay towards getting it put up.
We have a joint fence and we replaced it and maintain it so that we have control over it, even though strictly it is neighbours job to maintain.
 

Ceriann

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Thanks everyone - I will be trying to persuade OH to take the pragmatic view. I think the issue is that our neighbours have assumed we’ll pay for fencing in both fields, one which just doesn’t need doing (save that it doesn’t protect their trees) when they know legally its their obligation. Our own fence might be an idea - hadnt appreciated so many land owners double fenced!
 

Hallo2012

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Thanks everyone - I will be trying to persuade OH to take the pragmatic view. I think the issue is that our neighbours have assumed we’ll pay for fencing in both fields, one which just doesn’t need doing (save that it doesn’t protect their trees) when they know legally its their obligation. Our own fence might be an idea - hadnt appreciated so many land owners double fenced!

we inherited some post and rail when we moved in, and we maintain it and the farmer double fences on his side with barb wire to keep the cows off it.

this unspoken agreement works best really-i dont expect him to pay for my horses chewing it and i dont have the headache of the cattle pushing on it.

i hope to buy a bit more land off him in the future and i will foot the bill for post and rail and also pay for the posts and wire his side this time as its for my convenience, but once erected i suspect he will maintain the wire as he does now.

if only all neighbors were so logical!!!!
 

Parrotperson

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that may be in the deeds but its also your responsibility to make sure your stock can't stray so I'd say do it your self by running an electric fence along your boundary (nothing permanent) to stop the nags doing any damage. You really don't need to do more than that as long as the horses respect the electric fence and won't run through it.

Then point out to the neighbour that if they want new permanent fencing its their job to pay for it. You could send a solicitors letter if necessary.
 

meleeka

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I’d replace the fence that needs doing as that’s for your benefit. I’d also tell them that you won’t be fencing the bit that doesn’t need doing. I have something similar but am on the other side. The boundary is supposed to be my responsibility but the damage has been done by my neighbours animals. There was a thick hedge there before they took it all down and replaced it with their own fence. I’ve patched it up over the years but fail to see why I should replace the fence when there was a perfectly adequate bush there. I always have electric fence my side and take the view that it’s their responsibility to keep there animals in so if they think it needs doing they ought to fix what their animals broke.
 

Pearlsacarolsinger

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Thanks everyone - I will be trying to persuade OH to take the pragmatic view. I think the issue is that our neighbours have assumed we’ll pay for fencing in both fields, one which just doesn’t need doing (save that it doesn’t protect their trees) when they know legally its their obligation. Our own fence might be an idea - hadnt appreciated so many land owners double fenced!


It is your (our) responsibility to fence our stock in safely and to pay for any damage they do if they get out, so a secure fence on your own land is a good idea. I would certainly ask the neighbours to pay for any work done to their fence, including a gate.
 

The Xmas Furry

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If they want a gate, they can put that in their own fence on their boundary. Be very very careful that permission for access is for them in name only, or you could find that this becomes an issue for you if their property sells later on.
Definitely fence your stock in with own fence, ensure the boundary is clearly marked if they dont/wont put up their own fence.
 

MagicMelon

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In this instance Id probably just pay for my own fence on my land slightly further in than theirs, then they can do what they want with theirs. I wouldnt want stock proof fencing anyway, awful for horses. I share boundary fences with my local farmer (which goes along 2 sides of my field and the back of my garden) - some of it is a bit worn, mainly from his cows leaning on it and breaking posts but he puts electric up now when they're in. He's a nice guy though and said he'll cover half when I want to replace it. I think when its mutual - as in I want to keep my horses safe and he wants to keep his livestock safe, then both should be happy to contribute.
 

Christmascinnamoncookie

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tbh i would just do it and pay for it to ensure my animals safety and then ask them to pay half.

if they CBA to maintain they clearly dont care too much so if you wait for them to take the lead you out the horses at risk.

Same, I am maintaining all 4 fences because I’m paranoid about the dogs getting out or the new puppy next door getting into us ?
 

Ceriann

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So we landed on putting up our own fence on our land, within the boundary. This will be posts with some sort of horsey taping, which we will electrify (a decent fence which will cost a bit). This keeps things simple for us and we can ensure our horses are safe. Took a bit of persuading the OH! However despite this our neighbours remain niggly about replacing the now failing boundary fence. They’ve tried suggesting we go halves, backed off when we said we want to put in the extra fence we plan to put in and not interested in a joint fence, now suggesting we contribute to their fence (which they will only patch up, not replace). We had another chat today and the last straw was the suggestion we should contribute to the cost of top rails as our horses have broken rails. We’ve been patching this fence that has been threatening to fall down for years at our cost (time and money) - replacing rail after rail. We can only use the field with full electric fencing. Some of the rails are barely attached to the posts as rotten (as are the posts). My OH counted up the rails they pointed out we should pay for and this came to 5 - £20 or so in total. Sometimes you have to despair.
 

Ceriann

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That despite the fact we are putting up our own fencing at our cost (to act as a double fence) they cannot take responsibility for their boundary fence (clear as day in the deeds it is their fence and the standard to which they are expected to maintain it) and expect us to pay for that too. It’s barely upright, rotten poles and rails which only need a nudge to break/fall over. It was like that when we moved in and we’ve patched it for years but it needs replacing now. To ask us to pay for that too is a bit much.
 

Tiddlypom

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I don’t quite see your problem? Your are now going to fence around your own land, which is wise, and you have been asked to replace the rails that your horses have previously broken on the neighbour’s fence.

This seems reasonable to me.

ETA We paid for a double fence between us and neighbours - very nice people but elderly and not much money. Sheep fence on the joint boundary, a hedge planted by us then post and rail our side.
 

Ceriann

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Sorry probably not clear - they say our horses have damaged rails but we’ve always replaced any damage (and more). The fence is just falling apart (with rails coming down even though are horses haven’t been on the fields for months now) but they are arguing our horses have caused this and want us to contribute to this fence too. They started by saying we should pay for all the new top rails as it was obvious our horses had damaged them and then paired it back to a smaller number. We had to show them photos of warped posts and rails from 5 years ago as they insisted the fencing was strong and straight when they moved in (after this). If I leaned against certain sections it would fall over.
 

Fred66

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I suppose it depends on whether paying the £100 for the five rails is worth it to maintain good relations.

You say they let you graze sheep on their land and all they get in exchange is free manure.

If you didn’t get on at all anyway then maybe I wouldn’t compromise, but to be honest maintaining a quiet life is probably worth just paying up
 

Ceriann

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We will pay for the rails to keep the peace but it just feels so petty, especially as they continue to insist the fence is fine and just needs patching. They plan to do this themselves so not holding out much hope it will be stockproof. Its in a terrible state and wouldnt even keep our sheep in now (which we put on their field at their request to keep grass down). Our fencing will make sure our horses are ok at least.
 

Tiddlypom

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I wouldn’t want a gate on the joint boundary with such flaky
people. Just fence your boundary how you wish, and they can get someone else to graze their field down.

ETA Our original boundary fence, wobbly posts and barbed wire, with our first inner post, rail and wire inner fence. Team TP is planting hedging whips in 2010.

4804AE99-1EE6-4C42-B755-C1805DCD9472.jpeg

The hedge grew up very quickly, it’s looked like this for a few years. The ropey boundary fence is now sturdy sheep fence (they have sheep) and we have new post and rail our side.
3106360C-380C-433E-A513-A56DB6CEAC13.jpeg
 
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