Whats the law with common land animals getting into our holding?

[Chasingmytail]

We have double fenced around but the top fields are adjacent to the common mountain. There is a gate though which bikers and horse riders leave open theres a track from the road to the track at the top between our holding.

Its becoming a regular thing now. Where do I legally stand with the commoners having to check the gate and recifiy this issue. There is a committee but I need to find where I stand. Also with their animals on my holding will mean I should be on standstill for 7 days. Can I get environmental health involved?

Today there is a cow and calf in my field seeing that these cattle wont be BVD checked etc I see this as a serious health issue to my stock.

 

[Goweresque]

I think legally speaking its the responsibility of the private landowner to fence out stock from common land. Its the reverse of the usual 'fence your own stock in rule'. Could you install a cattle grid instead of a gate onto the common land, or as well as? So if the gate gets left open livestock can't stray?

 

[Chasingmytail]

I think legally speaking its the responsibility of the private landowner to fence out stock from common land. Its the reverse of the usual 'fence your own stock in rule'. Could you install a cattle grid instead of a gate onto the common land, or as well as? So if the gate gets left open livestock can't stray?

Its on the side of a rough mountain track and no we arent spending when the land is owned by a big rich estate. We have double fenced the farm. If the cow and calf have jumped and damaged the gate then whose responsibility is to pay for this? I need to find out the legal status of who pays and checks the track gates. Some days we go on the yard and there are cattle there this could be classed as a risk to my children. If my cows are BVD and lepto free then they could bring anything onto my holding and seeing these cattle are bought from market and dumped up there. The commoners need to pay for a better system to sort this.

 

[deleted user 837354]

Doctor the gate so it swings shut under it's own weight or install a kisser?

 

[haymaker80]

Sounds like it not really the commoners at fault if the gates being left open by bikers and riders. Padlock the gate? And tell the rights of way officer they need to come up with a solution when they come calling

 

[Dr. Alkathene]

Doctor the gate so it swings shut under it's own weight or install a kisser?

Works up to a point. Then you get people propping it open with a rock or branch.

 

[Lincs Lass]

Ive seen a system using two gates with a 10ft gap between them ,,they were connected together with a steel bar so as one gate opens the other closes, the gap between big enough for a quad bike or horse ,once you are through the first gate ,you open the second and the first one closes ,,kind of a see saw design

 

[Goweresque]

Its on the side of a rough mountain track and no we arent spending when the land is owned by a big rich estate. We have double fenced the farm. If the cow and calf have jumped and damaged the gate then whose responsibility is to pay for this? I need to find out the legal status of who pays and checks the track gates. Some days we go on the yard and there are cattle there this could be classed as a risk to my children. If my cows are BVD and lepto free then they could bring anything onto my holding and seeing these cattle are bought from market and dumped up there. The commoners need to pay for a better system to sort this.

I'm afraid its one of those situations where you can stand on principle and get nowhere, or sort it yourself at your own expense, and get a solution. The commoners have no obligation to prevent their livestock from straying, thats the law. The owner of the common may or may not be wealthy, but they don't own the stock or get any money for them being there, so are unlikely to consider its their responsibility to install grids/self closing gates etc. If an animal damaged your fence/gate then its owner could be liable, but proving exactly which animal did what would be pretty difficult I suspect.

 

[betweenthelines]

Put the strays in a livestock trailer and turn them out in the middle of the nearest large town in the middle of the night

 

[steveR]

Doctor the gate so it swings shut under it's own weight or install a kisser?

I ve seen a solution in Wales where there was a combination of a cattle grid and also a self closing bridlegate. The gate was the type the horse rider can reach from the saddle. Dealt with the RoW access and also controlled the stock.

 

[kiwi pom]

Just put a self closing gate, cattle grid or both and be done with it.
If a gate can be left open it will be, its just the way it is.
You've already identified a bio security risk and a H&S risk to your children, so just crack on and have piece of mind.

 

[Goweresque]

Thinking about it, isn't it possible to set gate hinges so that opening the gate means the latching end has to rise as you push it round? And thus will naturally fall shut on its own? And if you ensured the latch was at the right height, and was an auto-latch, then it should close and secure itself?

 

[Exfarmer]

Thinking about it, isn't it possible to set gate hinges so that opening the gate means the latching end has to rise as you push it round? And thus will naturally fall shut on its own? And if you ensured the latch was at the right height, and was an auto-latch, then it should close and secure itself?

Trouble is you can be sure some self righteous twit will take it upon themselves to prop it open.

 

[Goweresque]

Trouble is you can be sure some self righteous twit will take it upon themselves to prop it open.

True, but it would be a cheap way of at least stopping people leaving it open accidentally.

 

[Paddington]

We haven't any properly hung gates here. If you open a gate before letting go it will either swing wide open or swing shut again. Swinging shut is preferable for livestock, but not if you have just climbed back into the cab after opening it. Need to remove all sticks and stones from the area around the gate to stop it being propped open and a sign "please shut gate, wolves, wild boar etc in area"

 

[penntor]

Here is a link to the Dartmoor Commoners Council take on fencing, also contains further links

https://www.dartmoorcommonerscouncil.org.uk/data/uploads/377.pdf