Fencing responsibility

[MangoMolly]

Im in S. Ireland and rent land for my miniature horses which is surrounded by sheep grazing. The owner of the surrounding land has a couple of ewes that break into the land I rent every summer, my horses have never got into his land. I never make a fuss about it and they hang out with my two pet sheep for up to 3 months. The farmer now claims I'm responsible for half the cost of the fencing between us or for getting the land owner to pay it, I don't agree as my animals never stray. Who is right?

 

[Ffermer Bach]

in West Wales, the boundary fences tend to be jointly owned, so both neighbors pay half the cost or maybe one buys the materials and the other does the work

 

[Brisel]

In England it is the responsibility of the farmer to keep their own stock in, not keep others out. Whether it’s the grazier or landholder depends on the terms of the agreement between both parties.

 

[goodevans]

In England it is the responsibility of the farmer to keep their own stock in, not keep others out. Whether it’s the grazier or landholder depends on the terms of the agreement between both parties.

But not on common ground ,I believe it is the other way around

 

[Y Fan Wen]

But not on common ground ,I believe it is the other way around

If you are adjacent to a common and have a right on that common, then you are responsible for the boundary.
If you are adjacent to a common and have no right on that common, then the commoners are responsible for the boundary.
My home farm comes in the second category. It will surprise no one (or very few) that I maintain that boundary in self defence!

 

[Dry Rot]

In Scotland it is USUALLY 50/50 with the one whose stock is escaping choosing the type of fence required to keep his stock in. If they can't agree, time to go to court.

I say "usually" because two normally sane people can agree what they want yo agree to between them, so if farmer A sells a building plot to B, he will impose the obligation to fence on A (if he has any sense). Then when A's cows get into B's garden and eat all his carnations, B has nobody to blame but himself.

Again, if A and B have a stream, river, leet, or whatever between them, it would be unreasonable to put the fence down the middle (rivers move), so each fences his own side.

I could go on.

 

[MangoMolly]

If I'm renting the land though shouldn't the fence agreement be the responsibility of the land owner?

 

[Dry Rot]

If I'm renting the land though shouldn't the fence agreement be the responsibility of the land owner?

That would depend on the terms of the agreement. You do have a written agreement, don't you? Two normal sane individuals can make any legal agreement they like. That could be verbal, but you might still have to prove it to the satisfaction of a court. So, always get it in writing and keep a copy, signed by both parties.

 

[johnspeehs]

Im in S. Ireland and rent land for my miniature horses which is surrounded by sheep grazing. The owner of the surrounding land has a couple of ewes that break into the land I rent every summer, my horses have never got into his land. I never make a fuss about it and they hang out with my two pet sheep for up to 3 months. The farmer now claims I'm responsible for half the cost of the fencing between us or for getting the land owner to pay it, I don't agree as my animals never stray. Who is right?

Its a grey are, I would have thought it is the 2 landowners who should be responsible but in reality trying to get them to do that is a different matter. Ive been here 35 years and have completely fenced my boundary and have yet to have anyone offer to either share the cost or help do the work, mostly livestock farmers too. I cant see how you would be expected to fence another persons land, sure you might not get it next year for all you know. Your problem is your neighbour is quite content to graze your grass and do nothing about it, we all have those type of neighbours.

 

[Dry Rot]

What strays in can stray out. But once you provide feed and water and "manage" them, you become the keeper and are responsible for them. Not sure if that includes rehoming.

 

[Grassman]

Simple answer is speak to who owns the land. If there is no agreement that the tenant (you) has to do it then it's the landowners problem to sort

 

[betweenthelines]

Tell your neighbour the fence on your side is stockproof as nothing goes from your field to his!

Then he'll say your sheep are luring his in.

Personally, I'd invite him to a BBQ