[clydesdaleclopper]

I'm not familiar with any case law giving a definition of "stock proof".


It's also important to note that although straying animals do constitute a trespass to the land the courts in Scotland have been very reticent to award interdict to prevent repeated trespass. The keeper is expected to take "reasonable steps" to prevent trespass BUT the interpretation of that may surprise some. It is considered reasonable to confine chickens but not sheep and cattle and the courts have historically been unwilling to impose burdens of fencing on the keepers. Admittedly much of the case law is pretty old but it has not been considered in recent cases. There's a rather lovely case from 1885 where the judge said that the burden of fencing was a matter for the owner of the land trespassed upon 


However, under statute, once an animal has strayed it can be detained by the owner of the land and is then treated as any other lost or abandoned property so must be reported to either the owner or the police. The police then have a discretion to require payment of a reward to the detentor of the animal. There is also strict liability for any damage caused by the animal where the land or produce of the land is damaged.

[stufe35]

Very interesting, I've just been googling fences Scotland and it does appear thing are quite different.

Cheers. Stu

[clydesdaleclopper]

Having come from a background in English law I found it quite mind boggling when I started teaching Scots property law 

[smiley bucket]

This is in england.  I wonder if I can take possession and pass on to rescue?

[shygirl]

Shygirl,  - what does stock proof mean ?  Stock proof for what ?  Liability for fencing is with the person who owns the animals (unless you have entered into a personal covenant with your neighbour--statements like you have in your deeds are deemed as positive covenants and case law has overruled them as invalid). The fence you have put up is your fence for retaining your animals...it is your neighbours responsibility to fence his animals on his land. 

stufe shygirl is in Scotland and scots land law is quite different in this respect than English law

I will have a look a see what terminology it uses but Im 90% sure maintaining fences are mentioned in my deeds.

[Buttermilk]

I remember from my childhood moving dairy cows through the village for milking.  If a house had gateposts but no fence we had to prevent the cows entering the garden but if there was a fence but no gateposts it was the owner who had to keep them out.  Fortunately the cows were good and rarely tried to go into the gardens as we tried to keep them out of them all.