Field owner advice please

[WishfulThinker]

OK, so new neighbours have ponies. The field they were in was not the best to start with and turned a bit ikky so dad offered them ours (for free).
It has nothing obviously dangerous in it, however there is an old rubble pile (as in the stones from the field for the past 60 years and is now mainly covered in earth and grass and a wee hillock) and a wall/drop in it. Part of the stone pile has been dug away as it was used for things.

Fencing is plain wire round 2 sides, with plain wire,then a wall, then barbed wire on one side and then Post and rail on the side facing the house.
All in good condition.

Anyway...........What does my dad have to watch out for? I know its rather sad to be thinking of 'what ifs'

Is he liable for the fencing?
If the ponies somehow broke out would it be the owner or him that is liable?
If one of the ponies hurt its self on say, the rubble pile would my dad be liable?

He offered the field in good faith, the owner of the ponies looked at it and then decided to put the ponies in, so he saw the rubble pile etc.

He was also asking me about jumps, as the kids were using 2 metal wheel barrows and a pole. If we give them our wings to use and something happens can they blame us? Or if we just gave them the wings, and said keep them, would it be better? They have never been used, ever.

 

[mymare]

Hi

Are they paying for the use of the field? I'm a bit behind with what happens now with grazing as mine have been at home for the past few years. If you are concerned you could maybe get something down in writing as to who is liable for this and that. There is an old stone dyke along one side of the field my 2 are in and a pile of old stones at the bottom of the field. They don't tend to go near the pile of stones but kept climbing up the dyke to get to the other side! (even though there is a gap halfway through it that they could walk through). I personally wouldn't blame the farmer (OH's employer) if they hurt themselves on it, but everyone's different. I really think some sort of contract/agreement would put your mind at ease.

 

[WishfulThinker]

Nope, not paying at all. Dad even fills up the water trough for them.

 

[hadfos]

[ QUOTE ]
Nope, not paying at all. Dad even fills up the water trough for them.

[/ QUOTE ]
Draw up a contract stating it is free grazing and owners are responsible for state of fencing

,least they can do,and make damn sure you see their insurance docs and they have signed a contract,dont do anything without them signing,you need to cover your own backs at all costs

,things may be amicable now,but hell things can change when things go wrong,look after yourselves as best you can!!

 

[Shay]

The state of the law is such that there is a risk of absolute liability under common law which cannot be waived in contract.

What that means in essence is that as the land owner your Dad is legally responsible for ensuring that there are no forseeable causes of harm. That the cause is seen and consented to (like the barbed wire and the pile of stones) this may reduce the amount of compensation payable but does not waive the legal liability.

This is the odd bit of law that allows someone who is on your property illegally to sue you when they trip over soemthing. Or the person who slips on the ice outside your home which has re-frozen after you cleared it to sue you for negligence.

Obviously we would very much hope that common sense would prevail but in these days of "no win no fee" accident firms this is less likely. Plus if you are insured more firms will be prepared to try it on because the insurer has more money than you do.

Sad state of the world...but there you are.

 

[jendie]

Just had to say what a lovely dad you had. It is rare to find such kindness these days.

 

[Jericho]

I 'rent' for free several acres of land off my neighbour and we drew up a contract that basically says I cant use the land for anything else other than grazing of my horses, I am responsible for the horses at all times and that the landowner accepts no liability for the horses or my welfare on the land, therefore it is my responsibility to ensure the fencing is safe and that there no other risks to the horses. And that they have to give us a notice period if they want the land back.

However you may want to research a little of what Shay has said because I too think that there is a little bit of law which will not let him exonerate himself completely.

I myself am so grateful to our neighbours for letting me use their land that I wouldnt dream of blaming them for anything my horses did and have always gone to lengths to ensure the fencing is not just safe but looks nice (as it borders their garden) and keep the field looking tidy.

 

[WishfulThinker]

[ QUOTE ]
Just had to say what a lovely dad you had. It is rare to find such kindness these days.

[/ QUOTE ]

He has gone all sot since I had Emma, and he admitted that he misses my horse being there. The man is NOT an animal person, and my boy ate £600 of trees dad had planted (oops), but he said the field felt empty...aww.

The Barbed wire is not on our land, it is actually on the other side of a boundary wall.

It is in better condition fencing/ground wise than the ones they are in in front of their house already.

If they did try anything if something happened which was not solely my dads fault, I think he would stand up to them. He stood up to a international Oil company at work a few years ago, so he ain't scared. haha.
But yeah, its kinda sad the world we live in now, when even a simple favour has to be considered in depth.

We had horses in that field for 3 years and they never hurt themselves, these 2 look like connemaras, so hopefully sure footed and crafty!