The Accidental Smallholder Forum
Smallholding => Land Management => Topic started by: escapedtothecountry on March 15, 2012, 09:26:04 pm
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Another question which I'm hoping you may be able to help with.
I have been led to believe that we are responsible for all the boundaries of our 2 acre property.
One side is lined with poplars which are essentially on the boundary line between my property and my neighbour. In the gaps between the poplars I decided to plant a native English hedge, and still on my own land, I put up one of those temporary mesh fences with the wire stakes, in an effort to keep the neighbours sheep off the hedge which has canes and rabbit guards.
My question is that while I accept that it is my responsibility to look after the border, is their any obligation for the neighbour to make an attempt to keep his sheep off my property? So for example - why would I pay for an expensive fence which in essence is only required to keep next doors livestock out of my property? It may be my boundary line, but is there any obligation for the neighbour to take adequate steps to keep their sheep from my property - or do I have to pay for what is in effect going to have to be a sheep proof fence?
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very difficult one this and may be different in England than Scotland
a boundary fence or march fence dyke or what ever is supposed to be mutual and maintained by both parties if either you or your neighbour decide to replace that fence wall dyke etc at their own expense on there side of the boundary it is theres or yours if you paid for it in full in that situation the other party can not touch it
if you don't want your neighbours stock on your fields or property you have to fence it to keep them out
as with everything in life there is an act of parliament to define it from memory it is the enclosures act
have fun :farmer:
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Thanks Robert. I am trying to tidy things up and find it amusing that the one side of my neighbours property where he hasn't run an electric fence to keep the sheep in is the place I am planting a hedge which I suspect the sheep will find a tad tempting to chomp on.
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Could you run and electric wire through some sheep fencing?
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My understanding is that it is the responsibility of the livestock owner to fence adequately to keep those animals off the surrounding land. It would therefore seem to me that it is your neighbour's responsibility to keep the sheep off your property.
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Hopewell - that seems like common-sense. I've spent quite a bit to put a hedge in place but it needs time to grow, so I'm loathed to pay for fencing for the sole reason of keeping something out of my property if the owner of the livestock puts nothing in place to keep them in.
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As I understand it - if my neighbours sheep keep coming into my field I can catch them and pen them, feed and water them, which I have to do, but I then bill my neighbour for the work, time, feed, water. Not going to make you any friends but it might make them keep their sheep in! :wave:
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good fences make good neighbours ;) :farmer:
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Ha ha Robert.. I have used that very phrase myself in the past. So true.
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or the millionare farmer that was intervied by his local paper they asked him what his secret was for success
guid neebours and pair fences :farmer:
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In general, in England, the rule is to guard against your own stock (fence to stop your stock getting out!)
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When we bought our place here it was very clear on the deeds who had responsibility for which boundaries. There were "T" marks on the boundary diagram which indicated who had responsibility for which bit.
Mind you, I recently spoke to the chap whose field adjoins ours across the stream (the boundary of which is his responsibility) and told him I was going to be doing some work on the fence and he was quite happy to let the fence guys come on to his land to finish the job.
I agree - good fences make good neighbours. At the end of the day we were more worried about our sheep going on to his land than he was about his sheep coming on to our land.
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Unless there's something to the contrary in the title you aren't obliged to fence. However, Rylands v. Fletcher established a very long time ago that if you have something on your land which will cause damage to another's property if it escapes then you must prevent any escape.
Even if you are responsible for fencing (which I doubt) he's still responsible for keeping his sheep in.
Hooray, last ewe just lambed - hence the time. Some sleep...
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Fence it properly or you'll have invaders - part of the parcel of rural living. 2 acres will cost a grand or but fencing your boundary is one of the most important things you have to do.
Yes its a bummer if your neighbour doesnt chip in - but if they wont, just expand your boundary a little ;)
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I say fence it too. This is otherwise just going to be an ongoing stress and hassle - and you'll waste your time, energy and money planting a hedge cos his sheep will eat it.
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Yes - and a nicely done fence is a joy to behold...... even stock fencing - if it's nice and straight and tight
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yep a work of art an a joy to behold especially if it is your own work :farmer:
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In general, in England, the rule is to guard against your own stock (fence to stop your stock getting out!)
Unless you live in the New Forest where it is your responsibility to fence your field or garden to keep the livestock out.
The pony owners cannot be held responsible if they get into your property
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As I understand it - if my neighbours sheep keep coming into my field I can catch them and pen them, feed and water them, which I have to do, but I then bill my neighbour for the work, time, feed, water. Not going to make you any friends but it might make them keep their sheep in! :wave:
Interesting. we had numerous ingresses of sheep last year and neither of my two neighbours were interested in owning up (not when they could avail of free grazing). Only when my husband did a very good impression of a sheep dog and we rounded them up into our pens then told them both, did they own up. And surprise, surprise there were no more "ingresses" thereafter so they must have done something on their sides when they realised we weren't complete idiots.
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One thing I found amazing during the F&M outbreak, there wasn't a stray sheep anywhere, the rest of the time (certain) farmers can't seem to keep them in??????