Boundary responsibility.

[samsung]

I have a dry stone wall which is a boundary. The fields at the other side are let to a sheep farmer on a 364 day tenancy.
The land owner is absent alot of the time and not contactable.
The wall is in a poor state and the sheep escape into my arable fields from time to time.
The wall needs rebuilding , how is the easiest way to find out who owms the wall ?
I know you should fence/wall to contain your own stock regardless of ownership, but if it needs a complete rebuild it would be to know who owned it.
Thanks.

 

[JSmith]

Track down the owner and negotiate politely if you can, I have a neighbour that doesn’t touch the boundary fence at all an relations are at a severe low at the minute! He won’t put wire up or knock a post in, neighbour the other side offered to do all the work if he contributed to the cost an he wasn’t up for that either!! I have put wire along the boundary in places but when your dealing with a twunt like him it makes you think f**k it why should I,

 

[Loftyrules]

Are boundary ownerships not normally stated on title deeds by using an arrow?

 

[Cowabunga]

Does it matter who owns the wall? It is the stock owner's responsibility to keep his stock from wandering over other people's land. It's that simple.

 

[steveR]

Does it matter who owns the wall? It is the stock owner's responsibility to keep his stock from wandering over other people's land. It's that simple.

A few Insurance claims will sometimes focus the mind of the Landowner and Stockman...

 

[Frank-the-Wool]

Does it matter who owns the wall? It is the stock owner's responsibility to keep his stock from wandering over other people's land. It's that simple.

Yes it does. If you owned land where the boundary fence is the neighbours responsibility to keep stock proof then that is there obligation.
It is the stock owners responsibility to keep there stock in, but when the boundary is clearly the neighbours responsibility to maintain and keep stock proof then that needs to be enforced.
I have a number of boundaries with houses and land owned by EA where the onus is made clear when we have sold land that they have to maintain and keep it stock proof. We will happily do the work for them and then charge accordingly. The difficult ones are when it is a 50/50 boundary as we normally end up paying for all of it.

So yes it does matter!

 

[thesilentone]

Yes it does. If you owned land where the boundary fence is the neighbours responsibility to keep stock proof then that is there obligation.
It is the stock owners responsibility to keep there stock in, but when the boundary is clearly the neighbours responsibility to maintain and keep stock proof then that needs to be enforced.
I have a number of boundaries with houses and land owned by EA where the onus is made clear when we have sold land that they have to maintain and keep it stock proof. We will happily do the work for them and then charge accordingly. The difficult ones are when it is a 50/50 boundary as we normally end up paying for all of it.

So yes it does matter!

You should always 'dyke (fence) against your own stock ' it is an unwritten rule, always has been, always will be. The ONLY exception is if a gutter is before the fence. "Never cross a gutter to get to a dyke (fence)" in this case, the fence is the owners responsibility.

However, when selling land you choose to make a bespoke agreement, so be it

 

[Frank-the-Wool]

You should always 'dyke (fence) against your own stock ' it is an unwritten rule, always has been, always will be. The ONLY exception is if a gutter is before the fence. "Never cross a gutter to get to a dyke (fence)" in this case, the fence is the owners responsibility.

However, when selling land you choose to make a bespoke agreement, so be it

By your terminology I presume you are North of Hadrians Wall! I believe the law is different in England.

 

[michael N123]

If it’s a decent stretch put it in a scheme and rebuild the lot

 

[michael N123]

If it’s a decent stretch put it in a scheme and rebuild the lot

 

[Cowabunga]

Yes it does. If you owned land where the boundary fence is the neighbours responsibility to keep stock proof then that is there obligation.
It is the stock owners responsibility to keep there stock in, but when the boundary is clearly the neighbours responsibility to maintain and keep stock proof then that needs to be enforced.
I have a number of boundaries with houses and land owned by EA where the onus is made clear when we have sold land that they have to maintain and keep it stock proof. We will happily do the work for them and then charge accordingly. The difficult ones are when it is a 50/50 boundary as we normally end up paying for all of it.

So yes it does matter!

Had a border with a house years ago where the fence was clearly legally owned and was meant to be maintained by the housholder and she made a fuss when my cows entered her extended garden. She refused to repair the fence so I had to make it absolutely clear that I was discharging my responsibility in keeping my animals by demanding that she repair her fence and that legal action would be taken for any damages to or caused by my animals to other's property as a result of her not repairing her fence.

 

[thesilentone]

By your terminology I presume you are North of Hadrians Wall! I believe the law is different in England.

I'm afraid the law is very clear: https://www.gscgrays.co.uk/2018/02/21/stockproof-fencing-is-the-land-owner-or-tenant-responsible/


Even if you have a perfectly good fence, and a steer/cow escapes and causes damage we are still liable.

 

[Frank-the-Wool]

I'm afraid the law is very clear: https://www.gscgrays.co.uk/2018/02/21/stockproof-fencing-is-the-land-owner-or-tenant-responsible/


Even if you have a perfectly good fence, and a steer/cow escapes and causes damage we are still liable.

The point I was making was that it is important to establish ownership of boundaries when they are responsible for maintaining a stock proof fence.
If they fail to maintain it and an animal escapes it is still you as the owner of the animal who is responsible, however if your animal escapes due to there failures and you have informed them in writing it would be a defence and the liability could move to them. In the case you mention the fencing was considered to be adequate but as owner of the animal you are still liable, at least it shows the need to have third party cover of 10 million.

 

[ISCO]

Starting point is title deeds which may show ownership but not always. Usually shown by inward "Remark.
Inward "T" mark

 

[Derrick Hughes]

Does it matter who owns the wall? It is the stock owner's responsibility to keep his stock from wandering over other people's land. It's that simple.

Thought it was written in Gentlemans law that a boundary fence should be joint responsibly. I must have good Gentlemen as niebours . Thank goodness i dont have meeny ones who try and weasal out of paying for anything

 

[Derrick Hughes]

But then if the cap fits wear it

 

[kiwi pom]

I never quite understand why people don't put up good boundary fences round their property, regardless of who's responsibility its meant to be.
Surely you want to keep everyone and everything off your property?

 

[Dry Rot]

Does it matter who owns the wall? It is the stock owner's responsibility to keep his stock from wandering over other people's land. It's that simple.

I had that situation for years. The neighbour (now dead) had Blackies. He'd peep the car horn and the sheep would come scampering home -- so he always denied they were breaking in. Finally, one day, I had to DEFRA vets here inspecting kennels. They flatly refused to get involved. I told them if they did not accompany me to witness the trespassing, I'd be making a formal complaint! That and photographs did the trick. But neighbour claimed right up to the last minute, through his solicitor, that there was no straying and I was a liar. Very difficult to counter that. Responsibility is fine but if people don't want to be responsible, it can be difficult to make them!

 

[Kidds]

I had that situation for years. The neighbour (now dead) had Blackies. He'd peep the car horn and the sheep would come scampering home -- so he always denied they were breaking in. Finally, one day, I had to DEFRA vets here inspecting kennels. They flatly refused to get involved. I told them if they did not accompany me to witness the trespassing, I'd be making a formal complaint! That and photographs did the trick. But neighbour claimed right up to the last minute, through his solicitor, that there was no straying and I was a liar. Very difficult to counter that. Responsibility is fine but if people don't want to be responsible, it can be difficult to make them!

You should have shot one or two. Not as if it was likely anyone would take your guns away.

 

[Farmer Roy]

I have a neighbour whose goats & dorpers are constantly getting through the boundary. Free grazing, while I am trying to retain groundcover on my land through this extended 3 year drought. Not to mention over $4000 of seed in bags, in a shed, that they ate . . .
I have always worked on the principle it is the stock owners responsibility to keep them in - not for the neighbours to keep them out . . .
The neighbours property is over grazed, degraded & is the below pic

I’m finding a .243 is very effective