Boundary and neighbour disputes

[smj1]

We have a large piece of land with dilapidated wall boundaries which we mainly use for ponies. We have fenced it with electric rope to stock proof it for them. Our neighbouring farmer runs sheep on the surrounding land and makes no effort to keep them in. My understanding is you fence to keep your stock in (its in england). Last month he had the RPA up there saying it was too poached, to which they said it is absolutely fine (we have 7 ponies max on 65 acres). Tonight there are 60 sheep in there and we have just had enough. What are our options, or what is the best option to resolve it? Not illegally!

 

[Exfarmer]

You are quite correct , your neighbour must keep his stock out?

 

[wr.]

Who owns the wall?

 

[milkloss]

Depends what you've tried already I suppose. Keep ringing him when they get out and may be offer a jump off your electric so he can set his own up?

 

[Pennine Ploughing]

but was it your ponies that knocked it down to start with. They have a habit of rubbing against walls, that might be why he not repairing the wall

 

[GTB]

Who owns the wall?

This. Most boundaries are shared either a length each or a 50/50 arrangement. It is true to say that everyone has to fence their own stock in but in reality everyone should look after their half of the fencing/walling.

 

[suffolksmallholder]

We shared grazing in a past life with a wild & woolly farmer and his flock. Never a falling out, just humor. He once told me straight that he never counted his flock so I took this as a carte blanche to add mutton to my a-la-carte.....If I ever needed to do so.
SS

 

[wr.]

This. Most boundaries are shared either a length each or a 50/50 arrangement. It is true to say that everyone has to fence their own stock in but in reality everyone should look after their half of the fencing/walling.

This is what I'm getting at. If I own the wall/fence/hedge, then it is my responsibility to keep it in a good state of repair. It is then my neighbour's responsibility to keep his livestock "at home".

 

[smj1]

Some of the walls are classed as ours. They were in disrepair and unmaintained when we bought the land, primarily due to his sheep which have had free reign up there for 40 years upwards.

 

[wr.]

Best thing is to get together and get those boundaries in good repair. Good boundaries make for good neighbours

 

[Tha Ulsterscot]

80 p / head / week here. send him a note saying if they are not removed within 24 hrs he is agreeing to the charge to be paid weekly in advance, and send him a bill.

 

[Goweresque]

Under English law the owner of livestock has strict liability for his straying animals :

http://www.inbrief.co.uk/animal-law/liability-livestock-trespass-nuisance-animals-act-1971/

This means that the owner of livestock must take all necessary steps to prevent livestock escape, and will still be liable for damage caused if they do, regardless of what steps he took. If a herd of cattle take it into their heads to stampede over a perfectly normal fence, the owner is still liable despite having a decent fence in place.

So regardless of whose wall it is, it is still the responsibility of the sheep owner to keep them in.

 

[wasted years]

If you are an NFU member there is a legal way to go about this that will force the sheepkeepers hand, or you could repair the wall yourself and put a proper wall top wire on. Video it and if laddo's sheep still come over take the legal route for recompense.

 

[GTB]

So regardless of whose wall it is, it is still the responsibility of the sheep owner to keep them in.

This is true of course but like I said in my earlier post in reality each landowner should take responsibility for his or her share of the fencing/walling.

 

[yorkie]

bloke I used to work for used to tell them a couple of times then they got rounded up and taken to ruswarp mart,he then sent them the cheque for what they made,dont think you could do it now

 

[michael N123]

Some of the walls are classed as ours. They were in disrepair and unmaintained when we bought the land, primarily due to his sheep which have had free reign up there for 40 years upwards.

Well why dont you fix YOUR unmaintained walls? Whats the point in him sorting his if you wont do your own

 

[Lazy Sod]

Why does the OP have to repair his wall? He doesn't need a wall to keep his horses in, he's doing it with an electric fence. If stones from the wall have fallen onto the neighbour's property, then he should pick them up. Other than that, the responsibility lies with the sheep owner to keep his sheep in.

 

[mo!]

Well why dont you fix YOUR unmaintained walls? Whats the point in him sorting his if you wont do your own

Are his ponies escaping? His fences are fine then.

 

[betweenthelines]

had a similar problem a couple of years ago when the owner of the next door property turned up out of the blue,one afternoon shouting the odds about my not repairing my hedges.

Just told him that as they were my hedges and my stock didn't get out I didn't see way I should do anything. He went away with his tail between his legs and hasn't come back.

 

[smj1]

There's 2500m of wall. Around half of that would need doing. To rebuild it most needs digging out first. It would take me years. I have fenced my stock in knocking in and carting posts by hand. That was a hard enough job. When it was just one or two sheep coming in it didn't bother me. Now its taking the preverbial especially when he has the cheek to call the RPA. He believes its entirely my responsibility to keep them out. I completely disagree.