Legal Equine Advice

[Lightning]

I need some help as have been threatened with court action.

Have rented a field for about 14 years now. One of the fences is owned by a local farmer. Over the years our horses have lent over the fence and have snapped off a couple posts. This was about 8 years ago. We have electric internal fence now which has stopped this. About 3 years ago we offered to replace and bang in the posts but he was going to speak to his fencer for a quote and heard nothing since. Until now.

He wants more posts than I think he should have and wants all stock fencing tightened to a professional standard.

Now not disputing our horses did damage his fence but this was some years ago. The fence is at least 20 years old and in places posts are rotten and deteriorating. In the 14 years I have not seen him maintain the fence.

We also took on another field a couple of years ago. Unfortunately one of the fences is his. Damage to this fence was already done but he is claiming it to be our horses. I did jot down the state of the posts at the start. Unfortunately I didn't discuss with land owner and in our contract we are responsible for putting damage to fences right.

He has sheep in his field which at times we've had in our field and also bounce off the stock fencing.

Are we liable if this does go to court or will the fact the fence is so old and needs replacing and the fact he has livestock in his field help win?!

If we loose in court we'll end up paying for the other fence which the horses have not damaged!

I feel bullied and under duress by this man and it seems like every option I put to him he wasn't interested as he wants a new fence.

Help! Tuesday I will be calling BHS Legal but need advice before then.

 

[Queenbee]

I need some help as have been threatened with court action.

Have rented a field for about 14 years now. One of the fences is owned by a local farmer. Over the years our horses have lent over the fence and have snapped off a couple posts. This was about 8 years ago. We have electric internal fence now which has stopped this. About 3 years ago we offered to replace and bang in the posts but he was going to speak to his fencer for a quote and heard nothing since. Until now.

He wants more posts than I think he should have and wants all stock fencing tightened to a professional standard.

Now not disputing our horses did damage his fence but this was some years ago. The fence is at least 20 years old and in places posts are rotten and deteriorating. In the 14 years I have not seen him maintain the fence.

We also took on another field a couple of years ago. Unfortunately one of the fences is his. Damage to this fence was already done but he is claiming it to be our horses. I did jot down the state of the posts at the start. Unfortunately I didn't discuss with land owner and in our contract we are responsible for putting damage to fences right.

He has sheep in his field which at times we've had in our field and also bounce off the stock fencing.

Are we liable if this does go to court or will the fact the fence is so old and needs replacing and the fact he has livestock in his field help win?!

If we loose in court we'll end up paying for the other fence which the horses have not damaged!

I feel bullied and under duress by this man and it seems like every option I put to him he wasn't interested as he wants a new fence.

Help! Tuesday I will be calling BHS Legal but need advice before then.

Get your own fencer in for a separate quote, ask him to quote for the damage section to be repaired only... Offer farmer the sum of quote or to fix the damaged area only. Then whack up an electric fencing unit and fence about 2 ft inside your boundary. Tell him to go whistle for a completely new fence... He is seeing you as a fence cash cow.

 

[cyclo man]

You state that your contract/lease states you are responsible for the fences, I would presume that only applies to the fences that are owned by your landlord not the others. The farmer has to prove that damage done to the fence was done by your horses unless you admit liability, if you have agreed that your horses have damaged a couple of posts then get a quote for repairing that and write a letter to him offering to pay the amount of the repair, at the same time get a professional fencing company to write a report on the state of the fence and any rot or damage due to age, timber fences rot away over time he cannot make you responsible for something that is worn out. Do not allow this person to bully you, just be polite and reasonable with him and remember that if he takes you to court and loses he has to pay your costs. As a secondary thought have you checked to see if you have legal cover included in any insurance policy's that you hold such as house cover, horse ins or clubs you belong to, many of these have this type of cover even your bank account may include this, worth checking because you can then step aside and let them deal with it. good luck.