What would you do?

Mrs_Wishkabibble

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We sold a house we had built about 10 months ago and with it a 3 acre paddock but retained 2 acres to cut for our hay. We live about 1/4 mile up the road.
We split the field and fenced it on the agreement that they would fence back from our fence before they put their horses on (Cobby horse and Shetland)
They firstly fenced theirs with rope and metal posts and the horses were always out obviously as they just pushed the fence over. They even travelled half a mile up the road and ended up on a main A road and had to be caught by the police in the early hours once but most of the time just ended up pushing on our fence and grazing our field or on the grass verges on the side of the road.
We have never grazed the field and it is perfectly flat, never been poached or rutted.
We have been nice on the 6 occasions that we know of that the horses are on our paddock. She did get an electric fencer and we thought the problem would stop. No, it hasnt, we have caught them on 3 other occasions (that we have seen) There is poo everywhere and the field is now rutted with hoof prints as it is so wet. They keep saying they will get it sorted and that they cannot seem to keep the Shetland in and that the electric fencer must be faulty.
On Wednesday we drove past and found not only their pony on our paddock again but it galloping round like a loony as they were trying to catch it.
I am really angry now as the field was perfect, but not any more!
We cut in the region of 1200 bales of hay in total and sell some but we don't cut hay off where the horses graze as most people don't want hay that has had horses on it.

What would you do?

We have been nice, understanding, helpful and the last time we have now threatened them with legal proceedings.
It is also very dangerous to have their horses insecurely fenced knowingly.
Does anybody know where we stand. I know it is trespass but not too sure what we can do about it (apart from putting my horses on their garden!!!)
Would I be within my rights to get the field rolled and bill then for it?
confused.gif
 
What agreement was made in your contract when you sold the land regarding the fencing? Trespass only becomes an offence if damage is done, which, if it ruins your crop, it is. Sorry, can't help any more.


PS. Can you shorten you signature please, it's too long. Cheers
 
Thanks anyway but it is just standard boundary. There is no fault with our fencing. Their pony is climbing through it. It is not our responsibility to keep their horses off, it is their responsibility to keep their horses off it?

p.s How do I shorten my sig. Have just tried but it comes back on as long again!
 
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