Help with fence liability

[Jellybean123]

So I rent a field without a contract. I pay the rent every month but have nothing in writing.
The fence between my horses field and his other field is horrendous. Weak posts about 5 cm diameter and with cattle wire no post and rail.
my horse lent on it which I have taken responsibility for, he has quoted me £700 to fix this! The fence is rotten so I’m not even sure I can bash it back in to the ground which at the moment is muddy and wet due to the weather.
I am happy to put the posts back into the ground but I am not paying for the whole fence to be redone when it’s one post out and the rest are loose due to poor ground and poor fencing.
what are my legal rights as I have read previous posts but I can’t quite work it out. Any help would be so appreciated!

 

[CMcC]

I suspect without a contract if you want to keep your horses in the field you are going to have to pay to get it fixed. Can you get a quote from an independent fencer to see if £700 is reasonable or if you can get it cheaper.

 

[ycbm]

Without a contract, he doesn't have leg to stand on demanding that you pay for repairing the fence. Stock do what stock do, and that's just wear and tear of a weak fence.

But as CMcC says, if you want to stay there you'll either have to pay it or get it repaired yourself, I think.

.

 

[Jellybean123]

Without a contract, he doesn't have leg to stand on demanding that you pay for repairing the fence. Stock do what stock do, and that's just wear and tear of a weak fence.

But as CMcC says, if you want to stay there you'll either have to pay it or get it repaired yourself, I think.

.

This has all come about as I’m leaving at the end of the month. I have friends who can help me put the post back in but obviously there’s not much you can do with rotted fence and the posts are like twigs!
thank you for your help x

 

[ycbm]

If you are leaving just walk away, he's taking the piss. Take lots of photos now in case the owner does any more damage, and a set just as you leave. He doesn't have a leg to stand on. Don't get in an argument, but if you feel you must say something, then point out that the fence was not fit for purpose. Poles for livestock fencing are generally 100mm/4 inch round with occasional much bigger ones.

.

 

[twiggy2]

How many posts are out?

 

[Jellybean123]

How many posts are out?

one. It won’t let me attach pictures for some reason

 

[The Bouncing Bog Trotter]

Can you not just replace the post that has been damaged?

Totally agree with taking photos, they can be very valuable in a dispute situation. My pony once escaped onto a turf field and, being a pony, he just stuck his head down and ate. The land owner produced loads of photos showing the alleged damage and my insurers were looking at a big bill because of the amount of turf "ruined". However, looking closely at the photos you could see the damage was done by a shod horse and my pony was barefoot. So always take photos!!

 

[twiggy2]

Take photos of the condition of thw full length of the fence.
Buy a 3x3 fence post and knock it in, nail the rails that are there to it and job done.
Take photos of th finished job.
The farmer is trying it on. Even if you paid someone to replace what's damaged you should be able to find someone who will charge you half a days pay.
Where are you based someone may be able to help out

 

[Myloubylou]

Posted in error!

 

[Keith_Beef]

What Twiggy says...

I can get treated wooden 90mm square posts, 1.8m high, for €12 each. I think it would take an hour to dig a hole and set the post 80cm into the ground. Another ten minuted to knock in staples holding the wire to the post...

You don't even need daylight to do that, you could start at 7 and have it done by half past eight. Photograph it and send the photos in an email to two or three people plus the landowner to have some documentation that the repair work has been done to a higher standard than the structure that it was alleged had been damaged and politely include a message to the landowner that he can either like it or lump it, because legally he doesn't have any grounds to pursue the matter further.

 

[Jellybean123]

I’ve attached pictures of the post knocked out and the fence line at the bottom where the posts are loose due to the weather and rotting!

 

[HeyMich]

I’ve attached pictures of the post knocked out and the fence line at the bottom where the posts are loose due to the weather and rotting!

Seriously? Replace the rotten one, staple the wire on again, and send him a photo. Also photograph the base of the rotten one, so that he knows it's rotten through and not broken.

Sounds like he's chancing his arm. You'll be best out of there!

 

[ihatework]

Just bang in a new post to replace the rotten one. Max £10 for the post. Hopefully a friendly local will do it for you!!

 

[Orangehorse]

Just do a temporary repair, as others have said.
Mind, it could well cost £700 to replace the whole fence. Materials, time, equipment all mounts up.