Commoner cattle causing damage

[Exfarmer]

We used to move a lot of cattier about by road 40 years ago, caused a bit of fun with incomers and open gardens , but hey ho they learnt
Then one day moving about 50 head along an A road with landrorver ahead flashing lights etc, an HGV tractor unit comes speeding round a corner and braked so hard the back wheels were in the air and I really though he was going to flip. We stopped after that experience as did not want someone killed as eventually it would have happened

 

[Exfarmer]

I don't know about Wales, but that's absolutely NOT the case in England.
Everyone with a boundary against a common has to maintain their own bit.
How the hell would the commoners agree who pays for what?

it may be a by law for Y Fan Wen's part but I always understood you have to fence against common and the road

 

[JohnGalway]

We used to move a lot of cattier about by road 40 years ago, caused a bit of fun with incomers and open gardens , but hey ho they learnt
Then one day moving about 50 head along an A road with landrorver ahead flashing lights etc, an HGV tractor unit comes speeding round a corner and braked so hard the back wheels were in the air and I really though he was going to flip. We stopped after that experience as did not want someone killed as eventually it would have happened

You'll get that, and the ignorant ones too. My then elderly Dad and I were about to trailer maybe a dozen strays on the side of the road when a local intentionally drove through the lot of us, split the sheep into two groups and nearly knocked Dad down. Roads are too fast and full of entitled folks now to be messing around with animals on them.

 

[Poorbuthappy]

Neighbour down the road has a drive that rises up steeply from the road. He put two 5 foot gates on. He set the posts 6 foot up his drive so the gates can open out over without obstructing the road.

The other advantage of setting the gates a little way up the drive (maybe 15' ?) is that it enables you to pull off the road before stopping to open them.

 

[Ffermer Bach]

The other advantage of setting the gates a little way up the drive (maybe 15' ?) is that it enables you to pull off the road before stopping to open them.

are there some sort of rules to that effect with field gates onto an A road?

 

[exmoorromney]

I’m hoping to get some advice please. I live on a property that adjoins common land and the local farmer grazes their cattle on it. I have no issues with this at all, I love where I live. Recently though there is one new cow that loves our garden - twice breaking the chain pit across the driveway to stop them getting in. We can’t put gates up as the driveway is on a slope and exits onto a roadway, and can’t install a cattle grid as water meters are in the way. This new cow has now broken another chain and done hundreds of pounds of damage to newly planted roses and peonies (when it happened there was also a van across the driveway). Do I have any grounds to request some recompense from the farmer? I don’t want to fall out as I appreciate the history of commoners grazing their cattle but it’s costing me a fortune in chains and plants and I can’t see how it can get any better. Sorry for the long post - thought it best to say it all in one instead of generating lots of questions! Thanks

Would these be Red Ruby Devon cows?

 

[Y Fan Wen]

I don't know about Wales, but that's absolutely NOT the case in England.
Everyone with a boundary against a common has to maintain their own bit.
How the hell would the commoners agree who pays for what?

That is where it falls down of course, but it IS the case in England and Wales.

 

[egbert]

That is where it falls down of course, but it IS the case in England and Wales.

PM me with case law (in England) if you know this....cos I'm heavily involved, and we would never shift from the default position.... it's an ass else.
The term used, as I recall is 'it is the custom and practice'.

 

[Y Fan Wen]

PM me with case law (in England) if you know this....cos I'm heavily involved, and we would never shift from the default position.... it's an ass else.
The term used, as I recall is 'it is the custom and practice'.

Back in the 60s, 70s when the commons registration act was being processed post 1965, CLA at that time used to have a Law Reports section in the journal where they would publicise court cases that confirmed or altered case law. Dad showed me this case report which is the source for what I have quoted above.

 

[bobk]

Notice the OP has done a runner , townies .........

 

[egbert]

Notice the OP has done a runner , townies .........

don't be harsh...they sounded like the least complaining type going

 

[bobk]

don't be harsh...they sounded like the least complaining type going

Harsh , someone comes on a national farming forum to complain about a beast getting out .........

 

[egbert]

Back in the 60s, 70s when the commons registration act was being processed post 1965, CLA at that time used to have a Law Reports section in the journal where they would publicise court cases that confirmed or altered case law. Dad showed me this case report which is the source for what I have quoted above.

I find there are precedents -if that's the right word- for both sides of almost every aspect of common law - not least involving my own forebears, when one side sued the other for having 'uncommonable' sheep ('they'm the Devils sheep yer honour').
.....he won, the flock were deemed uncommonable.
I don't know what happened in the following 10 years, but the daughter of the losing side then married a nephew (or possibly brother) of the victor, bringing the flock with her as, effectively, a dowry.
The ewes were accompanied with a herd of Galloways, and tenancy of a 600 acre newtake.
The happy couple were my Dads parents.

And despite MAFFs best efforts in 2001, the Devils sheep persist.

 

[egbert]

Harsh , someone comes on a national farming forum to complain about a beast getting out .........

disagree.
They came on being quite reasonable, and not wanting to make a fuss.
I wish every blow-in/relocated urbanite round here was as steady.