Fencing - opinions / advice please

[*hic*]

My neighbour and I both have ponies. The fence between us is mine and has kept my animals securely on my land for the past five years, despite looking rather ratty. My neighbour has had problems with her ponies destroying the wooden fencing she uses inside her field and has had to run electric tape along it to stop them. She has now started grazing her ponies between her wooden fence and my fence. Her ponies are leaning through my fence on to my land and damaging my fence. Last week one of her ponies jumped through (!) the fence on to my land. She is furious about this and wants me to put up "a proper fence" by which she means rip out what is there and put up a handsome post and rail fence. If I do this then her ponies will treat it in the same way that they have treated her fence and trash it! If I want to avoid that then I will have to electrify the fence on her side. There's no necessity to electrify the fence on my side as my ponies respect wooden fencing!

Does anyone know what the requirements are - I thought that it was necessary for my fence to keep my animals from straying - and that if my neighbour is unhappy with it then it's also her responsibility for her to fence appropriately to keep her animals from straying. Does anyone know different?

 

[zigzag]

I'm having the same problem, expect in my case it is cows

, My fence is fenced with horse wire and plain wire on top, the cows come up from the valley (common land) and literally push the fence over (there is no grass in valley compared to my fields) also had problems with the sheep who used to use the horse fencing like a ladder and climb up it !! I have now had to put barbed wire on top of the fencing to try and stop the cows but it hasn't been that successful they just barge and push til it is down or try and climb and squash the fence, I keep ringing the farmer and telling him and he says its up to me to keep my animals out, I told him keep the cows on his land (which he is saving lol) there is no grass in the valley which is why the cows are breaking through, In the end I threatened to take it to a solicitor, the cows disappeared the next day,

 

[AmyMay]

My understanding is that it is up to her to ensure that her animals can't espace from her land. If she has to rely on your fencing to do that - but that is not adequate to keep her animals in - that is her tough luck.

Your fencing could be in a complete state of disrepair - and it would still be her responsibility to ensure that her animals don't wander.

So simply tell her that your fencing meets your needs. If any of her animals break it she will have to pay for repair. And if they jump over it charge her for the price of grazing the animal in your field.

 

[Toby_Zaphod]

I tend to agree with what has been said by others. The fence that you have is suitable for your needs, you do not have to alter it in anyway because a neighbours horses are causing damage to it. It is up to her to pay for the repair to your fence. It may be better that she runs some electric fencinmg on her side of your fence. You should not incur any of the costs...it is your neighbours problem

 

[Happytohack]

It is your neighbours responsibility to prevent her horses from straying. If they stray onto your land and cause damage or an accident, then by law she is liable for any damage/costs incurred. It is your responsibility to adequately fence your own horses in (which by all accounts you are doing), it is not up to you to fence her horses out.

 

[OWLIE185]

The legal situation is that it is the owners responsibility to fence in their animals. In the event of their animals escaping even if it is not their fault the owner is still liable. A recent case which resulted in a motorist being injured by a horse that escaped from a securly fenced field still resulted in a massive pay out to the occupants of the car. Your neighbour should not only install fencing that will keep her horses in but also have third party insurance of up to £10,000,000. As regards common land then this is a different issue but the owner of the cattle would still be reponsible for any damage that they cause.

I would suggest that you contact a specialist equine solicitor and ask them to write to your neighbour and the owner of the cattle and make it quite clear that they will be held responsible for any damage that their animals cause to your property (frencing and animals)

 

[*hic*]

Thanks to all for your replies!

I didn't really want to have to go the solicitors route but I'm getting snidey comments from her and her hubby, who also damages the fence further by using a brush cutter on it(!) and had a go at me last year when a piece of the fence cut off by his brush cutting activities hit him in the face.