The Accidental Smallholder Forum
Smallholding => Land Management => Topic started by: 2sheep on August 15, 2018, 01:23:29 am
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Hi, I need some advice please.
I have a few sheep on my paddock only 3 acres, the challenge i have is the fence between myself and my neighbour is post and rail. She claims its her fence (okay let's say it is), my sheep keep escaping under the fence make their way through her field and end up in the road. So I bought some sheep fencing rolled it out and used a staple gun to secure the sheep fencing to my side on the fence posts. Half way through doing this she stormed over saying its her fence and I'm not allowed to do this. I replied it's my side of the fence and I have a legal responsibility to secure my sheep.
So, not sure what to do now... I need to keep my sheep secure and stop them from escaping. I see no reason to erect a brand new fence on my side just because she doesn't like that I secure the sheep fencing to her posts on my side.
Any advice will be greatly appreciated
Thank you in advance
2sheep
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I have no idea of legalities …. except a post an rail will not keep sheep in and you are legally obliged to keep your sheep in. I guess it depends on whether the fence is right on the boundary? If it was a hedge you would be entitled to trim yourside ….
For the sake of harmony you may have to offer to erect an other fence yourside … Think I would be tempted to move fence a metre or two into field and plant a hedge between that and neighbours fence!
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It may be worth checking your deeds, as the maintenance of some boundary fencing can sometimes state that the boundary fence around traditionally grazed land parcels MUST be a stock-proof fence, meaning the obligation may potentially be on the neighbour to provide a stock fence. Obviously this is not the confrontational approach that you want to take with them, which is why you just put the fence up yourself - as they are your sheep etc.
I am not sure why neighbours cannot just get along with each other, as it just makes life so much easier in the long run. ::)
We are currently replacing our boundary fence with new post and rail and stock fence, the neighbours electric wire is fixed to our posts on their side of the fence, so we are replacing his wire with new wire/isolator materials they have supplied for us to fix. They have even fixed up a temporary wire fence to keep their cattle away from our fence line for give enough space for us to work in. Life would be so much easier if it were always like that!
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I assume she keeps horses as its post and rail? Using stock fence where horses are kept is really not a good idea, most horses are fine with it but some will get their legs caught in it and there is a possibility of injury. As you put the wire there I would think you'd be liable for any damage caused.
I had a situation where a neighbours fencing was post and rail and I wanted to keep sheep in so I put a secondary wire fence up on my side.
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If the neighbour has horses its up to her to keep her stock safe. My neighbour had a leylandi hedge, it didn't ask them to take it up I just kept my ponies off it.
If it was me I would by some clipex fencing,
https://mcveighparker.com/fencing/clipex-fencing
with wire. Its really easy to put in, is sheep and dog proof and I run a line of electric fencing on the top to keep the ponies off it. It will last longer than their post and rail.
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Going to agree with a few comments here, put up your own stock fence to keep your stock in.
The horses should not be able to injure themselves as you'll be a foot or so off the post and rail and if they did hurt themselves i don't suppose you'd be liable, it's up to her to keep her stock in her paddock :)
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In my book, as you say, it is your responsibility to keep your sheep in. Which you have done. I would now ignore your neighbour and leave your wire where it is, on your side of the fence, and presumably on your land. What's she going to do about it?
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I think it depends where the fence is. If it is bang on the boundary then you could use the posts to attach wire to it as she has done - yours would be stock fencing hers is plain wire.
But I agree that for the sake of getting on with your neighbour I'd be inclined to put posts on your own land far enough away that her horses can't injure themselvs on your stock fencing. It shouldn't be very expensive
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How about putting posts in between hers and fasting the fence to your posts?
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How about putting posts in between hers and fasting the fence to your posts?
Horses are well known for getting their feet tangled in stock fencing. Best to have it a couple of feet in.
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You're all obviously a lot nicer people than I am. :innocent:
Surely - the neighbour has fenced for her stock, ie horses. This wasn't suitable for 2sheep so she's put up stock netting on her side of the fence. Now why should 2 sheep have to put up a fence further onto her own land just because the neighbour has horses? Stock netting is a perfectly reasonable agricultural fencing product. If the neighbour thinks it's not suitable for horses, then it's up to the neighbour to maybe put a line of electric along the fenceline to keep her animals away. You can't expect someone to erect a fence that suits your neighbour! It's not like she's planted a row of poisonous trees in which case I think it would be perfectly reasonable to make sure the horses couldn't reach them.
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Now why should 2 sheep have to put up a fence further onto her own land just because the neighbour has horses? Stock netting is a perfectly reasonable agricultural fencing product. If the neighbour thinks it's not suitable for horses, then it's up to the neighbour to maybe put a line of electric along the fenceline to keep her animals away.
Leaving aside the neighbourly give and take and importance of maintaining a relationship, this is a good point. If there hadn't been a fence there at all and the stock fence went up first then if someone wanted horses on the other side it would be up to them to fence appropriately. That she has fenced (presumably) right on her boundary with no thought to whether that would be appropriate for the person on the other side or what they may legitimately do isn't your fault.
You could be criticised for attaching stock net to what are her posts. Plus unless she has strayed on to your land with the line of the fence you will also have effectively erected your fence on her land too (I doubt the line is mm perfect so that the few mm of net are over your side). But I don't see why you should necessarily have to give up a thin strip of your land for her convenience and have all the associated hassle of maintaining the gap between the two fences.
So perhaps you should erect your own fence (even if only because if someone decided to hammer stuff into "their" side of one of my fences, on my land, without asking me I would also feel aggrieved, horses or not. However, the question is how far away from her fence. This is where she needs to compromise because you can fit yours butt up against her's leaving her the same problem to solve as she faces now, at her cost, or you could offer to offset it a suitable distance, removing her problem, but as it will create a new problem for you then perhaps she could provide something in return - be that cash to part-fund the fence, or something else useful you want.
This is of course assuming it is her fence - definitely check the deeds.
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Well, for one thing, the posts put up by the neighbour are suitable for post and rail and may be quite unsuitable for stock fencing. Stock fencing requires tension (and if not tensioned, is dangerous to sheep as well as to horses), so the posts are usually longer (so bashed in deeper), heftier, with much bigger and heftier strainers, etc.
It is entirely possible that the attaching of stock fencing to the posts of the post and rail fence will cause the latter to have a reduced lifespan. As it’s the neighbouri’s fence I think she’s entirely within her rights to object to object to the attachment of a second fence to her posts. And it would have been common courtesy to discuss it with her beforehand, in any case, so the lack of that courtesy has probably not improved her mood.
x-posted with Black Sheep.
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Problem I see in the future, if another fence is erected a metre or so in, at some point there will be a disagreement about which is the boundary. Obviously not in the near future, but could cause problems for someone if not made clear.
I would still put the fence up on the same line, not touching hers, intermediate posts but fence on 2sheeps side, then if she doesn't like stock fence a few inches beyond her rails, then she would have to find her own solution. Why should 2sheep give up what could amount to quite a lot of valuable grazing because of someone else's whims?
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Would it not be easier to run an electric fence your side. You only need one strand presumably to stop them going through the post and rail, which I am assuming has the first rail high enough for your sheep to get through. It is keeping your sheep in, you don't need to use the existing fence and you are not losing any of your land.
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I agree about the proximity of wire stock fence against horse paddocks, particularly when the horses are not your own. I read the original question as 'netting', ie not the wire stock fencing, so was more of a temporary solution.
Looks like the OP is a one time poster anyway.
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Looks like the OP is a one time poster anyway.
Yup, and hasn’t even been back in yet to see any responses s/he might have had!
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Yup, and hasn’t even been back in yet to see any responses s/he might have had!
Probably outside putting up a new fence!
Or being chased with a pitch-fork by the neighbour....... :farmer:
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It's a lot of fence for 2sheep. ; :sheep: :sheep:
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You may be technically correct SD - which I do not doubt. But the realities of fencing nowadays are somewhat different. I've never seen double fenced boundaries and certainly don't have any on my land where my livestock fields adjoin my neighbours.
If my cattle get over a joint fence into my neighbours sheep pasture, then it's up to me to raise the fence, or put some more more posts in to prevent it.
If my cattle get onto a neighbour's cattle pasture, then again it's up to me to tighten the barbed wire or whatever, but if his cattle are straying onto mine then I expect him to remedy the situation. We certainly don't each maintain a separate fence on the same boundary.
In reality stapling stock netting to an existing fence is not causing damage and few people would take anyone to court for doing it. It would be a civil, not criminal matter and the costs would be prohibitive. The same with a horse getting its foot stuck in stock netting. Difficult to prove whose fence was responsible as its foot had to go through the wooden fence first, and again would have to be sorted out in a civil court.
It's not a perfect world and accidents happen. I just make sure my insurance against the unforseen and unlikely is up to date and use my common sense. :innocent: [size=78%] [/size]
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In reality stapling stock netting to an existing fence is not causing damage and few people would take anyone to court for doing it.
I’m afraid I don’t agree.
Well, for one thing, the posts put up by the neighbour are suitable for post and rail and may be quite unsuitable for stock fencing. Stock fencing requires tension (and if not tensioned, is dangerous to sheep as well as to horses), so the posts are usually longer (so bashed in deeper), heftier, with much bigger and heftier strainers, etc.
It is entirely possible that the attaching of stock fencing to the posts of the post and rail fence will cause the latter to have a reduced lifespan. As it’s the neighbouri’s fence I think she’s entirely within her rights to object to object to the attachment of a second fence to her posts. And it would have been common courtesy to discuss it with her beforehand, in any case, so the lack of that courtesy has probably not improved her mood.
x-posted with Black Sheep.
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The OP never mentioned their neighbour had horses.
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In reality stapling stock netting to an existing fence is not causing damage and few people would take anyone to court for doing it.
I’m afraid I don’t agree.
x-posted with Black Sheep.
Sally you might not agree and that is obviously your perogative. :sunshine:
But the reality of the situation is that people put up boundary fences all over the place and their neighbour on the other side attaches something to it. You get bits of trellis and trailing plants, further internal fencing, washing lines, and in this case, wire netting. To take someone to court is like prosecuting them for trespass. You have to prove actual damage in order to claim anything and damage in these cases is extremely difficult to prove or even to quantify. In fact it could even be said that wire behind a wooden fence is actually extending its life because the wire will still be there when the wood has rotted. But whatever the situation it would amount to a civil case if it ever came to court and the costs involved would far outweigh any notional damage that could possibly be claimed. It is one thing believing one is right in law. It is entirely another matter justifying the cost in proving it.
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The OP never mentioned their neighbour had horses.
Well spotted Harmony! :idea: