Author Topic: Am I at risk letting a neighbour graze horses on my land? (Read 10266 times)

croker · « **on:** March 04, 2015, 10:43:07 am »

Hi everyone,

This winter I let my neighbor remove a section of fencing so that his horses could roam onto my field from his field to relieve the damage that his field was getting in the wet weather from being churned up.

I have no reason to believe there will be a problem when I ask him to close the fence once again but I was wondering if legally I am somehow giving him some kind of "squatters" rights to my land and could risk losing it if relationships between us were ever to turn sour.

Is there a length of time that I should not exceed maybe?

No money has changed hands, it was just a neighborly gesture. The horses are not part of any business, just for pleasure use.

Many thanks for your views.

Rosemary · « **Reply #1 on:** March 04, 2015, 11:34:48 am »

We have a grazing let with another smallholder - we put sheep and cattle on their 10 acres. We have to remove all stock from the land for one week each year - usually in October - so that it's a seasonal let and we can't get tenants rights.I don't know if the whole thing is an urban myth but we do it anyway and we're all happy.

Used to happen at a livery stable I was at too; the YO used a field belonging to his brother but he had to take all the horses off for a week each year.

croker · « **Reply #2 on:** March 04, 2015, 11:54:10 am »

Hi Rosemary,

Many thanks for your reply. It is just over the winter period so probably just 4-5 months at a time so hopefully it is all OK then.

You have put my mind at rest.

Kimbo · « **Reply #3 on:** March 04, 2015, 01:53:52 pm »

Where are you? I thought that in England and Wales 6 months was the magic period and that thereafter you MIGHT have a problem.
Ive a feeling that there is another recent thread on this topic: i'll see if I can find it. But if you are only doing this for 5 months you should be OK

lord flynn · « **Reply #4 on:** March 04, 2015, 02:26:13 pm »

I have a grazing tenancy locally (Scotland) and can only have it for 11/12 months. This can vary though, a friend had one whereby she had to vacate for 48 hours out of a year-its usually written into the lease. If you don't have one then its worth googling if you are in England in case its different.

croker · « **Reply #5 on:** March 04, 2015, 03:16:46 pm »

I am in England.

I did some Googling and found a wealth of information but was bogged down in legal jargon and not sure exactly what applied if you just let someone use your land with no written agreement.

I was hoping that not having an agreement was OK so long as you didnt have them on for a certain period of time.

I will err on the cautious side of things and make sure they are off within 6 months unless someone knows any better. I think 6 months will be sufficient unless we have a really wet spring.

I dont really use the field much so I dont want to appear petty and kicking them out if I dont need to but I would not want to lose my legal ownership or have any complications through letting it be used.

Kimbo · « **Reply #6 on:** March 04, 2015, 04:48:56 pm »

lack of a written agreement certainly wont protect you...that's the whole basis of adverse possession law. Be safe and get them off in less than 6 months.

Fleecewife · « **Reply #7 on:** March 04, 2015, 05:55:15 pm »

I don't know about the legalities, but the horses will damage your ground in the same way as they have his

ellied · « **Reply #8 on:** March 05, 2015, 08:28:07 am »

I benefitted from good neighbouring farmers at my last place. Invited onto stubbles for a month or two to clear margins or all winter on hill ground and a bale taken up the one year snow fell to my hip level up there and I needed a tractor rut to get up twice a day!

Never outstayed my welcome so I'd get next winter. Next rental I had was on 364 day basis tho I didn't actually have to move out for the day. After 9 years continued use I got a month notice in late November one year and had to get one of those farmers to bring them off in ice and snow in his cattle wagon on Hogmanay to comply.

So maybe keep it to 3-4 months and give plenty notice but imply you might be open to another similar arrangement next winter? And as a pony breeder I think you might also get a wee bit of sheep grazing in return if you want it. I had 5 tups from March to November from one of those farmers to tidy up the paddocks behind the ponies..

Brandi · « **Reply #9 on:** March 05, 2015, 11:21:06 pm »

no definitive advice but just to say what a great gesture, 'who is thy neighbour' indeed

OhLaLa · « **Reply #10 on:** March 17, 2015, 03:09:47 pm »

Tell them you are happy to help but need to get a written contract for six months drawn up. Explain they will have to pay the fees for this to be done (watch their faces, it will be an indication of how keen they are). You will need to have it looked over (they should pay for that too), and then tell them once that is all in order you are willing to continue the arrangement. Make sure the agreement says who is responsible for what, inc any damage or 'putting right' after they vacate. This includes reseeding poached areas and importantly - insurance.
[/size]If this isn't agreeable to them, close up the access hole again and tell them politely you understand and it's bye bye grazing.
[/size]It's not worth the worry. [/size]

Sudanpan · « **Reply #11 on:** March 18, 2015, 03:46:07 pm »

Unfortunately it is always a good idea to get some sort of explicit understanding (ie written) between you and the neighbour about the use of land. Communication is the key - so there is no possibility of any misunderstanding.
My Dad used to allow our neighbour to park his car in our lean-to and this went on for 20 years - but neighbour 'paid' Dad a bottle of sloe gin once a year which apparently removed any suggestion that the neighbour had a 'right' to park there.