horses in my field

hackedoff

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Poor horses, both landowners who have lost their hayu for next year, and ones on the land. Can't believe the number of posters who seem happy as part of a dispute to let stock loose on roads though...
 

becca1305

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what on earth has got your knickers in a twist?! there are quite a few other lighthearted comments about coming to help armed with a shovel etc etc and no complaints from the OP yet, and I did say perhaps slurry was a good idea. And I would keep returning the horse to his garden if other things failed providing it was secure for them.

hackedoff - i think only one poster suggested that from what I remember, the others were just discussing the legalities of it?. Ive got to say just like the OP I couldn't turn innocent horses out on the road.
 
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becca1305

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hmm strange I swear I read that *confused face* anyway not the point, plenty of other lighthearted responses amongst sensible ones such as SLURRY (providing this doesnt affect the land use). Im off for some shut eye, you carry on being miserable :rolleyes:
.........
 
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Another vote for car/trailer/something big in the entrance. If you were to put a bull on your land as was suggested, isn't there a possibility of him letting that out onto the roads and that causing an accident instead? Wouldn't you then be liable because it's technically your animal and on your land? Just another idea into the mix! I'm totally baffled when it comes to things like this, but I can't believe the cheek of him though.
 

Ladyinred

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We have one gate opening onto the road with a huge redundant roller parked in it. You can only reach the roller to move it from inside the field (ie from the farm) and no-one could get a horse past it.

Why not remove the gate and park something similar in there? If you just remove the gate you might be inviting 'other elements of society' to park up in there, which wouldn't help the situation at all!
 
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Wow was there really any need to turn this thread negative? There has been some good advice in here and a bit of banter to lighten the mood for the poor OP, why did you feel the need to spoil it?

My suggestion would be to get a **** hot chain and padlock, thick enough that cutters wouldn't even mark them. Also I'd paint the chain, padlock and gate with anti theft paint with a warning sign and take plenty of pictures, if he gets covered in paint then it might put him off trying to gain entry?
 

newbie_nix

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So sorry OP - what a nightmare

Some great ideas on here. If it were me I would start with new lock with anti theft paint and photos etc. I would also maybe add a sign 'Private Property, No Trespassing, CCTV in operation' (I presume it isn't illegal to say there is a camera even if there isn't one?) and perhaps the sign will make him think twice and he probably won't want to be bothered with searching around for an actual camera.

If that failed I would try and get an old banger and park it in the gateway or the soil idea is a good one too. I can see the logic behind removing the gates/fences etc but then I would worry about fly tippers etc. If it were my field I would want it fenced.

Definitely diarise and take pics of everything as everyone else suggested. Keep pursuing it with the police as appropriate and also seek legal advice. Good luck, hope he gives up soon!
 

Dubsie

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If he's cutting off the padlock and presumably taking it with him, you could try marking it with Smart Water and then advising police you've been told it's been stolen by him.

I favour catching the ponies, taking them down the road to his house and shutting them in his garden as you found them wandering down the road, as well as the slurry idea. best would be slurry from a pig farm as horses don't usually like pigs!
 

lachlanandmarcus

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With the price of scrap, rollers and old wagons are very stealable at the moment so I wouldnt go down that route. Rubble or soil (but make sure it's a lot and bear in mind how you will get access yourself later to do the hay!

Dont go down the bull/releasing horses route, both could result in a large legal bill.

Personally, I would be ploughing this field, having checked out the farm subsidy implications (and remember even if SPS is claimed on the field and in theory ploughing not allowed, you can still ask for an exemption to the rule. I have known it be granted in other circumstances).

Do NOT agree to rent the land to this person and make sure that is in writing and that everything that happens is recorded and everything that is done is photographed.
 

Janette

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We seem to have a lot of gateways blocked with large farm trailers in our area. They don't seem to be disappearing.
I would go for the 'block the gateway option as well.

Good luck with getting a satisfactory outcome.
 

Miss L Toe

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Take the gates off [when horses are out] and see what happens, do not allow him to rent the land under any circumstances. Keep a diary of all events as evidence, also photos. Put up a permanent, formal notice forbidding anyone to graze the land, and give them a phone number to call, ie the local police station.
 

Luci07

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What would be the legal position if you simply caught the horses, took them to his house and handed them o er explaining they had obviously been straying as you had already warned him it was your land? And advise that you had already put a call into the police to say you were returning them..and with someone videoing too? Unless thus man is dangerous in which case ignore me!... But if you were giving the horses back NOT releasing them on his land.....does this count as trespass?
 

paulineh

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Depending how things are it could be a civil matter.

http://www.guardian.co.uk/money/2007/jun/08/yourrights.legal

Another thing you can do is to fence the gateway with Barbed wire.Putting several posts in the gateway to make the gaps small. You can also put up a metal barrier that will be padlocked and this when needed can swing back along the fence line.

I would speak to a solicitor, you can often have half an hour for free. Be very legal about everything you do.

I have just had to put up warning notices along a Private lane to stop people walking down it. There is a footpath the other side of the fence but this runs through a field so people have to go through a gate to get to the footpath.

I have had people walking through another of my fields where there is no footpath again people are warned and asked not to do so.

Speak again to the police about ways of securing your property. Find the country side officer and get some notices saying "Countryside watch" you are being watched.
 

hackedoff

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LOL re the walkers. My parents are in the Ramblers Association. They seem to spend a lot of time being shouted at due to 'innocent divergence' of footpaths. Io went out with their group once and was shocked at their walking 10 abreast through a hay field. I pointed this out to the walkers leader who very kindly told me that grass isn't a crop!!!
 

hackedoff

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Forgot to say for op and this may already have been mentioned, if so my apologies, but I think BHS members get access to legal advice so it would be worth checking with their solicitors if you are a member. NFU may also be able to help if you are in that.
 

tristar

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have you actually asked him why he is doing this? what were his reasons?


i would put an electric fence charger, hidden, and clip it to the padlock or gate and switch on, then hide behind a bush and video the result.
 

foraday

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Sorry to hear of your woes!

You have fairly bought the piece of land by auction and have the paperwork to prove.

Now here's the sad part!

You do need a solicitor end of.

You need to go through the court orders and processes and your solicitor will instruct bailiffs once all the court orders etc have been placed and the time scale has run, these things take as quickly as 3 months but longer sometimes due to the court and the time scales that have to run.

The bailiffs will execute the orders and will book transporters and stables to remove the horses.

Now you 'could' plough in the field as others have suggested but the Welfare Act 2006 actually state the land owner as also responsible for the animals that get dumped on it, so you would then be liable for feeding them. And as you know by recent posts and Facebook the RSPCA seem useless or uninterested in welfare cases at the moment concerning horses so expecting them to wade in when the horses have nothing to eat will be like waiting for Edward Cullen to appear.

I would suggest you contact Stuart Farr at Laytons

stuart.farr@laytons.com

He is the Horse and Hound solicitor and knows the law inside out when it comes to horses and the laws surrounding them.

Good luck and keep us posted.
 

riding_high

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i would start with the easiest option first, that is removing the gates and don't just take them off and leave them leant up on the hedge (like someone else i know once did!!!) but actually take them away altogether. if he comes and puts something up there to use as a gate then ask a couple of farmers if they would let you borrow a bull and a few cows to put in there instead, put the gates back on and then 'seal' the gateway so he can't let them out.

the only thing is though that he might come back once you've got a field full of grass so you will have to do something to stop him. maybe some kind of restraining order or something.
 

Ranyhyn

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Your name makes me wonder what part of the world you are in and indeed what type of horses are being put on your land. However I doubt you'll be back on to update us about that :(
 

pembs

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I have got the police slightly more interested but my solicitor in on christmas leave :( so i cant talk to him untill Jan 3rd..... im looking into the bull idea but like others im worried that he may let the poor animal out.. i think its illigal to put up an electric fence without warning signs so i couldnt do that but some more brill suggestions!!!! i think a cattle grid would be hard to steal and have also been suggested i brick the gateway as the one he uses i would never as it backs onto his garden- there are two more on the road i would need to block an use though... it is crazy how he can do this and there is so little i can do without causing harm to his poor horses. thanks for the laytons email- will see what he has to say and will check back later.
 

paulineh

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hackedoff


As for walkers , Yes Ramblers do feel they can go everywhere. Next to my private lane is a public footpath so no need to go down the lane.

I have now put my stallion in my other field, it is up to people now if they feel they want to cross the field they will have to risk it (My boy is very friendly and would not do anything to anyone). There is a notice saying there is a stallion in the field.
 

Jake10

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If you know what times he puts the horses into the field could you get there before him.

Then when he gets there ask him what he's doing and why? Might help if you take someone with you. If he gets aggressive then phone the police?

Or hide in the bushes and video him breaking into your property. Think you would have to have a sign saying CCTV in operation?

Apologies if my ideas seem stupid :eek:
 

hannahmurphy

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I have got the police slightly more interested but my solicitor in on christmas leave :( so i cant talk to him untill Jan 3rd..... im looking into the bull idea but like others im worried that he may let the poor animal out.. i think its illigal to put up an electric fence without warning signs so i couldnt do that but some more brill suggestions!!!! i think a cattle grid would be hard to steal and have also been suggested i brick the gateway as the one he uses i would never as it backs onto his garden- there are two more on the road i would need to block an use though... it is crazy how he can do this and there is so little i can do without causing harm to his poor horses. thanks for the laytons email- will see what he has to say and will check back later.


If that's the case re the gate, I would deffo be building a nice big wall in its place! Simple.
 

Goldenstar

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have not read all the posts but you must get legal advice pronto on Tuesday.
But in the meantime why don't you wait until he takes the horses in and get a local farmer to drop big bales of straw to block the gates .
Hope it's gets sorted out soon good luck.
 

MagicMelon

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well he cut and removed the padlocks which i thought was criminal damage/theft but the police really didnt care but I will take my documents to them as see if i can change their mind. my mum has suggested removing the gates altogther so he wont be able to secure the horses in the field but i dont know if that would make it worse from a legal point as then my field isnt secure????

I'd do that! Or put some big concrete blocks in front of the gate (if you can get them). Obviously only do it whilst his horses are stabled but you know the times he does this so you can work round it. I'd be livid! Or if you could borrow a farmers bull and stick that in the field, perhaps that would make him think twice! It's YOUR field so you have every right to do whatever you want to the field or its entrance. He has none. I would definately try this route before expensive solicitors. Definately don't let his horses out, thats dangerous for the horses and other road users. I also definately would NOT rent to this guy, do you honestly think he'd be a good tenant considering his actions so far?!
 
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