Fencing Responsibility

[EventingMum]

One side of our land has a burn running along it and as far as I'm aware that marks the boundary of our land. To our side of the burn there is a sparse hedge and some trees and then a fence - plain wire and sheep wire which is older and not perfect. We then have electric rope fencing bounding our fields which is well maintained and contains our horses. There is no fencing at all on the otherside of the burn.The problem is sheep are sometimes grazed next door and can wriggle through onto our land. Having known a couple of horses who have killed sheep in the past and having our own dogs I would prefer not to have them venturing through however the neighbouring land owner and the farmer who owns some of the sheep don't want to repair or renew the fencing. They say the sheep have to have access to the burn to drink which is understandable but I would rather not have to spend money keeping their stock out when the electric fences keep my horses contained safely. So who is actually responsible for making the fence suitable for sheep? In the past when we had our own sheep we always maintained it keep our sheep in but we haven't haven't had sheep for a good while.

 

[The Fuzzy Furry]

All are responsible for fencing their stock in. Does either of you have ownership rights of the burn, or are each of you owners of the bank on your own side?

Without getting really antsy, I would be asking him to prevent his stock from straying, and if that meant fencing the bank, with parts of fence every so often into the burn to allow the stock to drink, then so be it.
Definitely it's his responsibility to prevent his stock getting on your land. Good luck!

 

[EventingMum]

Thank you, I think we each own our bank. I suspect I'm on a hiding to nothing as the field is not maintained either and the owner has tried to sell it for a ridiculous sum considering it's greenbelt and part of it's a SSSI. We do phone when the sheep wander and occasionally they are retrieved but more often than not we end up putting them back. We returned 4 yesterday and they were back pushing against it this morning - they have plenty of space but our grass is obviously tastier!

 

[AmyMay]

You can report him to defra for the straying sheep and also claim on his insurance. Might be worth pointing that out to him.

 

[TheOldTrout]

You've known horses that have killed sheep? Mine's terrified of them!

 

[StableMum]

It's a very long time since I looked at our house deeds, but I'm pretty sure that it says that we are responsible for maintaining stock proof fencing between our garden and the neighbouring field. I can remember thinking at the time that that didnt seem fair and surely it should be the other way round but we have always made sure that the fence is stock proof for our own peace of mind.

 

[The Fuzzy Furry]

You've known horses that have killed sheep? Mine's terrified of them!

I have one that badly maimed a ewe, it's stamped on a pheasant, chases dogs, is a bloody menace with fur or feather! But, at least one of the herd protects the others and its only 33 inches tall. Totally forgiven tho as is a poppet with small children
I had a friend with a pony that played footfall with sheep!

 

[EventingMum]

You've known horses that have killed sheep? Mine's terrified of them!

Yes, a friends horse killed her father's prize tup and one ours did likewise with a ewe - both chased them until they lay down exhausted and then pawed them to finish them off.

 

[EventingMum]

It's a very long time since I looked at our house deeds, but I'm pretty sure that it says that we are responsible for maintaining stock proof fencing between our garden and the neighbouring field. I can remember thinking at the time that that didnt seem fair and surely it should be the other way round but we have always made sure that the fence is stock proof for our own peace of mind.

It's not on our house deeds as it's only 10 years old and the garden doesn't border the boundary of our land - both pieces of land were originally part of the same farm.

 

[Pearlsasinger]

It is the responsibility of the owner of the stock to fence them in securely. Sheep should not be allowed to wander, as their movements have to be traceable by DEFRA in the event of disease. This has been the case since the 2001 outbreak of foot and mouth, prior to that it could be argued that the owner of land that animals were straying onto should fence them out. There was one Pennine village in particular, where this was a real bone of contention.

OP your neighbour must fence his sheep onto his own land, regardless of where the boundary is - and if that means that he has to provide an alternative water supply for them, so be it.

 

[Orangehorse]

It's a very long time since I looked at our house deeds, but I'm pretty sure that it says that we are responsible for maintaining stock proof fencing between our garden and the neighbouring field. I can remember thinking at the time that that didnt seem fair and surely it should be the other way round but we have always made sure that the fence is stock proof for our own peace of mind.

This was probably put in when the house was sold, was the plot originally part of the field. Just to save the owner of the field, but it is still the law, or custom, that you fence your own stock.

 

[dominobrown]

I have exactly the same problem... with stream etx. We have defended our side with post and rail but there sheep just shimmy through it and eat all the grass I am trying to grow. I wouldn't 100% my German Shepard puppy with sheep either.

 

[EventingMum]

Thank you everyone for your comments.

 

[MagicMelon]

I'd just tell them your horse or dog will likely kill any sheep which stray onto your land (and their territory). There's a farmer next door whose fencing is horrendous, the sheep wonder in and out whenever they feel like it onto the road. We've already tried to save one which had got itself wedged in the deep ditch which runs along part of the road by my house - it must have been in there several days with no water as it had no life left in it and it died as we got it out Another one was out for days just wondering around, I smelt it last week, it had died in a verge. I was livid. Farmer put buckets of water in the field (they had none) after that BUT has still not touched the fence. 5 were out a couple of days ago while I was on a hack, I had to stop an approaching car while I herded them back in - ridiculous and so dangerous but he's not forced to do anything about it. I find it odd these people whose herd are their livelihood don't seem to care less about them.

 

[Gloi]

There used to be a Shetland where I am that chased sheep to exhaustion if it got the chance. This year a Dartmoor mare managed to kick and kill a lamb. All the rest of the ponies have always been fine with sheep in the field with them.

 

[Suechoccy]

On the plus side the sheep will be grazing your ungrazed bank and so help keep it weed-free and from being too overgrown and their poo fertilises the ground.

In your position I would point out to him that his sheep are on YOUR bank and if they get in with your horses, your horses may kick and injure them. I would spend a couple of hours blocking up any holes in my stock fencing on my side of the bank too so that the sheep can't get through to my horses (as I might not want the risk of sheep injury or want the sheep eating the horse's grazing).