Author Topic: Just who is responsible??  (Read 17865 times)

escapedtothecountry

  • Joined Feb 2012
  • www.escapedtothecountry.com
    • Escaped to the Country
Just who is responsible??
« on: March 15, 2012, 09:26:04 pm »
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?


robert waddell

  • Guest
Re: Just who is responsible??
« Reply #1 on: March 15, 2012, 09:41:55 pm »
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:

escapedtothecountry

  • Joined Feb 2012
  • www.escapedtothecountry.com
    • Escaped to the Country
Re: Just who is responsible??
« Reply #2 on: March 15, 2012, 09:50:38 pm »
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.

doganjo

  • Joined Aug 2012
  • Clackmannanshire
  • Qui? Moi?
Re: Just who is responsible??
« Reply #3 on: March 15, 2012, 10:03:24 pm »
Could you run and electric wire through some sheep fencing?
Always have been, always will be, a WYSIWYG - black is black, white is white - no grey in my life! But I'm mellowing in my old age

Hopewell

  • Joined Apr 2011
Re: Just who is responsible??
« Reply #4 on: March 15, 2012, 10:19:38 pm »
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.

escapedtothecountry

  • Joined Feb 2012
  • www.escapedtothecountry.com
    • Escaped to the Country
Re: Just who is responsible??
« Reply #5 on: March 15, 2012, 10:29:08 pm »
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.

Moleskins

  • Joined Sep 2009
  • England
Re: Just who is responsible??
« Reply #6 on: March 15, 2012, 10:37:10 pm »
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:
Time flies like an arrow but fruit flies like a banana.

robert waddell

  • Guest
Re: Just who is responsible??
« Reply #7 on: March 15, 2012, 10:44:56 pm »
good fences make good neighbours ;) :farmer:

escapedtothecountry

  • Joined Feb 2012
  • www.escapedtothecountry.com
    • Escaped to the Country
Re: Just who is responsible??
« Reply #8 on: March 15, 2012, 10:48:35 pm »
Ha ha Robert.. I have used that very phrase myself in the past. So true.

robert waddell

  • Guest
Re: Just who is responsible??
« Reply #9 on: March 15, 2012, 10:59:43 pm »
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:

old ploughman

  • Joined Jun 2010
Re: Just who is responsible??
« Reply #10 on: March 15, 2012, 11:01:51 pm »
In general, in England, the rule is to guard against your own stock (fence to stop your stock getting out!)

suziequeue

  • Joined Feb 2010
  • Llanidloes; Powys
Re: Just who is responsible??
« Reply #11 on: March 15, 2012, 11:08:17 pm »
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.
We do the best we can with the information we have

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Small Farmer

  • Joined Jan 2012
  • Bedfordshire
Re: Just who is responsible??
« Reply #12 on: March 16, 2012, 03:34:25 am »
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...
Being certain just means you haven't got all the facts

bazzais

  • Joined Jan 2010
    • Allt Y Coed Farm and Campsite
Re: Just who is responsible??
« Reply #13 on: March 19, 2012, 05:18:18 pm »
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 ;)

jaykay

  • Joined Aug 2012
  • Cumbria/N Yorks border
Re: Just who is responsible??
« Reply #14 on: March 19, 2012, 05:51:41 pm »
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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