Straying Ponies - can I insist landowner fences field?

[Delphidazzler]

Would really appreciate some advice from any legal experts out there, or from someone who has been in a similar situation. My paddocks are surrounded by set-aside. It is owned by local authority and let on agricultural tenancy to local farmer. We fell out with local farmer over ragwort - land is basically left, just topped once a year if we are lucky, so we got defra involved and farmer lost it! We now have travellers ponies tethered on it. They are not neglected but in the two months they have been there they have got loose 3 times. The land is unfenced and they have strayed onto the road. Local authority say it is nothing to do with them, but as the landowner surely they have some sort of responsibility to ensure that their tenant - the farmer - fences the field if he is letting the land be used for grazing? The farmer is aware the ponies are there and according to the ponies owner they have permission to have the ponies there. Is there really nothing I can do until one of the ponies is hit by a car, or worse still causes a major car accident ?

 

[Maesfen]

I suspect nobody will touch this because there are travellers involved in case they get seen as abusing their HRs plus there might well be retaliation from them; it's happened too many times which is why most people stay clear, even the police! Normally, whoever puts stock in a field, checks the boundaries and makes good themselves; if they ask the owner to mend fencing so they can put their stock in there, they're quite likely to have to pay more rent. Probably because the ponies are tethered, they're assuming they're safe and let's face it, they won't have insurance to be claimed on so they won't be too bothered either way; willing to bet they don't have passports for them either. If so, I will rightly, eat humble pie.

 

[Carsmore]

as a landowner, you are responsible for keeping any livestock in. However, the responsibility may have been passed onto the tenent within their contract. although the landowner could still find themselves liable.
If any of my stock got onto the road, due to me not maintaining boundary fences, I would be liable. The boundarys between different farms (that is not onto a road) have a trianglemarking on the deeds to show which farm is responsible for which wall/ fence mainetance.

 

[jrp204]

If he is claining and receiving money for set aside the farmer is not allowed to have horses in the fields, you could always ask DEFRA or SFP where things stand (compulsory set aside is not going atm but he may have a voluntary agreement ) If he is breaking the rules he could stand to lose some of his single farm payment. Also, is he allowed to sublet?