Liability for fencing

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Cream Lily

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I wonder if someone could help. We recently moved our horses to a new yard. The fencing there is appalling (loose wire including barbed) but we understood that the person leasing the land (from whom we rent) was responsible for the fencing and was due to undertake major improvements. Some has indeed been done but barbed wire has been replaced by more barbed wire. We have offered to fence our fields ourselves and have been turned down. My mare has already caught her leg whilst rolling too close to the fence and we have brought this to the attention of the woman concerned but nothing has been done. The spaces in our old yard have been filled so we cannot move back. Someone will respond that we should have waited but we were moving house and were keen that the horses should be close to us and, of course, we believed the assurances. My question is who is legally responsible for the fencing? Our contract makes no mention of it but lists our other responsibilities such as pooh picking. I am not concerned about break outs as permimeter fencing seems fine but I am deeply concerned about injury. As an interim measure we have put electric tape on the inside of the existing fencing but I wonder if anyone knows what the legal situation is.

Many thanks
 
I suspect that even the legal situation is that "someone" is responsible for the fences, trying to force that "someone" to do something will result in your being given your marching orders.
 
I presume they have filled there obligation regarding the fencing by supplying one, albeit barbed wire. It is your choice then whether to turn out in the field. Injuries could be further avoided by running your own fence of electric fencing inside the boundary to prevent the horses from getting near to the wire. So therefore i suspect any liability is down to you.
 
TBH id never turn my horse out in a field with barbed wire.its lethal and better kept to cattle or western films!turnout at your own risk id say-but id be moving somewhere else if it was me.
 
Hmmm.

As a YO I always make a point of telling people before and again when they come to view what my fencing is (stockwire and electric tape by the way) so they know and accept that. Some people don't come because of the fencing, fine, that is their choice, it is not a problem.

What I am saying is that if you knew the fencing was barbed wire and you still chose to use the facilities then you really don't have any comeback on the YO at all as long as it serves the purpose it is intended for - to keep animals in a particular area. If it is broken, and animals can escape then yes, the YO is responsible for ensuring that it is escape proof - but not necessarily horse friendly.

In your position I would do as others have suggested, put electric fencing a good 6' in from the existing fenceline, or move. Sorry.

Also, as a YO I can tell you that good fencing is stupidly expensive and is often done on an as and when basis, not because I don't want to, just because I can't afford to:( I have a contractor in to put up more fencing each year after my tax rebate arrives to help, on average, in the last 5 years I have had $7000 worth done every year.
 
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You knew there was barbed wire when you went there so when it was replaced by more of the same I don't understand your surprise what did you expect them to do .
Put a electric fence six feet in two tapes keep it well charged problem solved.
 
Kin detest barbed wire, had the damn stuff everywhere at out last yard :mad: £55.00 new rug one day ripped the next, I never see the purpose in it, it doesn't stop horses touching it and it doesn't stop people climbing over it, total wast of time.
 
Enfys said:
Hmmm.

As a YO I always make a point of telling people before and again when they come to view what my fencing is (stockwire and electric tape by the way) so they know and accept that. Some people don't come because of the fencing, fine, that is their choice, it is not a problem.

What I am saying is that if you knew the fencing was barbed wire and you still chose to use the facilities then you really don't have any comeback on the YO at all as long as it serves the purpose it is intended for - to keep animals in a particular area. If it is broken, and animals can escape then yes, the YO is responsible for ensuring that it is escape proof - but not necessarily horse friendly.

In your position I would do as others have suggested, put electric fencing a good 6' in from the existing fenceline, or move. Sorry.

Totally agree with the above I'm afraid.

However I'm DIY livery at my friends house(she has 14 acres- I'm very lucky!) but when I bought a youngster who had respect for electric fencing I ended up having to fork out nearly £2000 on stock fence and barbed wire as this seems to be the only thing he respects and will not challenge. I weighed up moving him to a nearby livery yard but they charge £270 a month- I can get a field partially fenced for that by a local farmer.

I basically agreed with my friend that I would not pay field rent whilst I was doing the fence. Yes it has cost me a lot but the peace of mind is worth it and I would say the same in your case. If your horses respect electric then invest in some wooden posts and connectors and a decent battery or mains energiser and get an internal fence put up. It could save you a huge vets bill!
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