Very angrey - neighbours horses on road again!!! Advise please

[filly190]

In my village a posh, stuck up woman has two horses. She grazes them on our adjoining neighbours land occasionally and each time, they escape onto the road. This morning I got to work to receive a phone call that her horses were loose and drivers were trying to herd them into my field again!! This happens regularly.

I broke every driving law and got home to find her walking her horses back to the field they had just escaped. I wound down the window and said are you ok, she just grined and carried on.

Last year, to the day, the local hunt went by and her horses got out, one was impailed on the fencing and was put to sleep, she was abroad at the time and did'nt have insurance or the money, so a good horse died.

Since last year her horses have escaped twice. The owner of the field her horses are currently in and have escaped from are aware the fencing is not adequate and I have spoken to them at length about this, their reply is that they are doing her a favour and it is her responsibility to ensure the horses are kept in. The field owners are lovely, kind, non-horsey folks who dont seem to understand they could be held responsible and this woman could loose them their house in a court case should anything happen.

Now today is the final straw and I want to tackle this, as I am very angrey about the situation.

The horse owner is horrible and everyone in the village hates her.

Please could you give me some advice as I have to do something. I am directly affected because in a previous escape I came home to find her horses in my field. And again today people were trying to herd them onto my land. If the police are called they call bolt crop your fencing to get them off the road. I have my own land and horses to be responsible for and do not wish to be taking on stray horses.

Sorry this is a long post, I thought you would need good background so that you can help give me advice, which I am desperate for.

 

[Gingernags]

Surely you would be within your rights to then keep the horses until she pays for the damage to your property, plus livery fees for keeping them...

Its maybe worth a solicitors letter to both the horse owner and the field owner to point out their responsibilities and what they would be liable for if an accident occurred?

It seems very silly for the police to bolt crop a secure fence to put the horses where they clearly haven't come from - so maybe the local police are your first point and put a complaint in to them that they are damaging your property instead of dealing with the culprit to stop it happening again?

 

[spaniel]

I would get in touch with the local Council, parish council and the police (although there isnt a lot they can do unless a horse is a danger to traffic). Its also worth having a word with your neighbours (the people who own the land) and point out that THEY are responsible for keeping these horses in the field, not just the horse owners, and that they could be held liable in the event of an accident. I assume these horses have some sort of public liability insurance but would want, as the landowner, to see sight of the policy document if they were grazing my land.

To be honest I dont think there is much more you can do apart from chain and padlock your own gateways. Im sure thats not right about the police bolt cropping your gates to get someone elses horse into your field is it????

 

[airedale]

make your field so impregnable they cannot get her horses onto your land

goto citizens advice bureau - free

talk to the local community support officer/homebeat officer for your area and get him to note down that the horses aren't yours and that they mustn't try to put them in your field

get the woman's phone number and put a sign on your field gate saying in case of horses loose on road, phone xxxxxxxxx - and make sure it's her number and not yours !

 

[the watcher]

It is an offence to allow livestock to stray..your first port of call is to inform your local police (draw them a map if you have to) of where these horses come from and where they should be returned to. Put a notice up on your fields if necessary threatening legal action if fences are damaged.

I can see why they do it, all they want to do is get the animals off the road into the first available secure field, they haven't got all day to stand around making enquires.

Recruit the help of your local Horsewatch co-ordinator and if necessary, the BHS Welfare rep for your area.

 

[Fransurrey]

Short term I would have a clear notice on your gate, stating how many horses belong in the field and that any other, stray, horses are not welcome here (but to try next door...). What a pain in the rear.

 

[Agent XXX999]

A man up the road from me has just been charged a fortune because his cows got out and scared a show mare, which caused her death. It was in H&H a few weeks ago. I am sure that the householder would be liable. Sorry to be vague….

Meanwhile I would suggest, harsh as it seems, that this woman is a complete dope and you should stay out of it as much as possible. Clearly the death of her horse did not cause her to worry so she has clear disregard for the safety of her animals and others.

If it is really getting to you that much I would suggest that you write a strongly worded letter outlining your concerns and explaining that if her horses came on to your land again you would consider her liable as you have pointed out the problem in her fencing to her. If she then fails to sort it, and it happens again, I would get your solicitors involved and whap her with a huge bill for everything they have damages. It might be advisable to take photos of your land now so you can have something to compare with after.

If I had my horses in a field, and I was the only one, I would make sure that they are well penned in.

I actually find it ridiculous in this day and age that people can not put up electric fencing, which is cheap as chips, to keep their horses from getting through holes in fencing. This counts for the landowner too – either they should make their fencing safe or not rent the field out. You don’t have to be horsey to figure that horses not where they should be = danger.

This woman sounds as daft as a brush.

 

[Happytohack]

The owners of the field are responsible for ensuring that the fencing is adequate if they allow horses or other livestock to graze there. You say that these are nice people, but they must be made aware that they will be legally liable if the horses get out and cause an accident. Could you not get your local community police officer to have a word with them. If they understand the situation, they might not let the woman graze her horses on their land which hopefully would solve the immediate problem. Also, I think you should check about the police being able to break down your fencing. I think you will find that they could bolt crop open a wired/padlocked gate to gain access into an empty secure field.

 

[Patches]

Yes you are right. The owners of the land are ultimately responsible for the suitability of the perimeter fencing into adjoining land and carriageways.

If these horses cause an accident they, as the landowners, will be deemed guilty of neglect if the fencing is proven to be inadequate for retaining stock. They'd be liable to prosecution for the injuries and compensation to others. Not only would they be responsible in the third party, eg car driver, they'd also be responsible for the death or injury sustained to the horses and as such liable to a prosecution from the horse owner herself.

I have no doubt that they'd try and counter claim with the owner of the horses if that were the case but they will be in a very sticky position if they don't have third liability insurance to have other people's animals on their land.

My head is really screaming over the stupidity of the person grazing her horses there. Land owner's responsibility or not, I wouldn't want my horses somewhere they could escape from with ease.

The police are well within their rights though to simply find the animals sanctuary and safety at the nearest suitable site. If that's your field, then so be it. However, they are not allowed to leave the site unsecure and risk a repeat of what happened. They'd most likely have it repaired and then bill you for it (which you'd have to claim back from the horse owner/land owner).

Biggest nightmare of course, would be them being unaware of the reaction of horses who don't normally graze together. Again, if your horses were injured as a result you yourself would have a right to claim damages from the land owner, your neighbour, ultimately.

Gosh I'm waffling!

We really looked into all of this as I used to have a couple of liveries. The buck really does stop with the land owner.

 

[OWLIE185]

I would contact your neighbours and advise them of the Hanratty case where the owners of the horse where held for the resposible for the accident caused by their horses even though the horses escaped from the field. They should also check that the woman has PUBLIC LIABILITY/THIRD PARTY insurance up to no less than £10,000,000 (Ten Million Pounds).

I would also contact the ILPH (International League for the Protection of Horses) and advise them what has been going on as they will probably be happy to send a field officer down to chat to the person concerned.

You local community police officer may also be happy to have a chat with the lady concerned.

 

[filly190]

I know this sound wimpish but the woman is a pure "wasp" and her husband owns the local village shop. I need to kind of think this through very carefully as if I approach it wrong, my name will be mud in the village (unknowledgeable non-horse people, jumping on the band waggon).

She lives in the village manner house and lords it about. I would like to do things on the quiet so to speak

 

[bellgave]

I would be FURIOUS if anyone put other horses in my field, police or not. I never turn strange horses out together, as undoubtedly it will end up as a bun fight. If any of my horses got kicked etc I would go mental.
I think you need to make clear to the fields owners what legal position they could be in if her horses caused a car crash etc.

 

[flying_change]

Givem that you had to take time to travel to sort out a problem that was not of your making.... why not send her an invoice for your time and expenses ?

 

[Happytohack]

I can totally understand how you feel and you certainly don't want any repercussions coming back on you or your horses. A third party(local police, ILPH officer or similar) needs to get in touch with the owners of the land and you need to stay out of it.