Laws regarding fencing horses in?

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Hoofbeats&pawprints

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Hi everyone, I have searched on google but cant seem to find any info that actually makes sense in english! haha! does anyone know about laws regarding fencing your own horses in? I have a large-ish garden and at the bottom it is fenced by my own post and rail fencing. there is a field the other side of this fence that for ages was empty, but now someone has moved horses in. he has double fenced all other sides of the field, but not the side against my fence. while my fence is currently doing an excellent job of keeping his horses in, I am worried they will damage my fence (have already seen them using it as a scratching post) and one of them even tried to kick one of my dogs through the fence (there is thin wire mesh up to contain my dogs but will not stop a hoof). I am also worried about what damage the horses would do to themselves if they did break through one day.
Surely there is a rule that each person must contain their own horses, regardless of neighbours fencing? if I decided to remove and replace my fence one day (its fairly new so not going to happen for a while, but still...) then the mans horses would be freely roaming over my garden!
Advice please?
 
It is common law as far as I know - you fence against your own stock. It is up to the owner to stop them straying. Have you asked him? My neighbours horses were eating one of my trees so I asked him nicely if he could fence them away from it and he did straight away. Ask him in a pleasant manner and he might be equally as pleasant in co-operating. If he isn't then is the time to point out he will be liable for any damage they do.
 
As long as your fence will keep the horses in he's not required to do anything
But if you voice your concerns nicely he may double fence it ,you should expect him to repair the fence should the horses damage it .
 
I havent been able to speak to him! everytime I say hello he just looks at me funny and walks the other way! dont know that Im actually going to be able to have a conversation :s
 
Hoofbeats&pawprints said:
I havent been able to speak to him! everytime I say hello he just looks at me funny and walks the other way! dont know that Im actually going to be able to have a conversation :s
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"Excuse me can I just have a word" usually does it for me, as well as having a suggestion as to how he would best avoid having his stock damage your property (electric fence? strand of barbed wire? Extra post etc.
 
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Worth checking you have eye contact and body language showing you need to talk too. Physically stand in front of him (nicely of course!). I have a deaf friend who has to turn one ear to hear and it often confuses people who can't see that friend wants to speak to them as looking the other way!
 
I actually thought it was the other way round and it was up to you to keep animals OUT of your own property which I always thought was bizarre (the person who told me that may well have been wrong though!). I think the only thing you can do is just go and speak to the guy and say they're leaning over your fence (can they reach any of your plants/trees? You could say one of the plants is poisonous and you're worried) and that you're worried they'll get stuck in the fence after one tried to kick the other day. He only needs to put up a single bit of tape to keep them back away from it.
 
At a previous property we had animals getting into our garden from a neighbour (goats and dogs) We ended up putting up a second fence a meter from our own fence secure stock mesh 5 ft high to keep them out neighbour kept making half hearted attempts very heath robinson in the end the only way was to securely fence it ourselves ending up with a double fence.
 
The ruling is certainly keep your own horses in . However if a fence is already there and hes relying on that you can only take action if the fence is damaged by his horses you cannot force him to double fence before anything happens.
You may even have to check your deeds as here we have have two neighbouring properties that bought land to build houses that had a clause that they were responsible for putting up a stock proof fence and maintaining it .two owners down the line and the post and rail rotted it is causing grief for the house owners.
 
You, as the owner, are liable for ALL/ANY damage caused by your horse escaping. You are legally responsible or ensuring a fence etc keeps your horse in
 
One of my fields has a grazing field next to it so we share a fence as such but they have put a strand of electric wire along the top that sort of sticks out about 2 foot on there side, so effectively it stops the other horses leaning over or on it and makes it difficult for them to make contact with mine, it works very well I think if you are worried it's something you could do fairly cheaply if the owner of the horses is not willing to do anything about it.
 
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