Author Topic: Fencing - who has responsibility  (Read 9113 times)

Bionic

  • Joined Dec 2010
  • Talley, Carmarthenshire
Fencing - who has responsibility
« on: April 15, 2012, 01:59:49 pm »
A quandry, the 2 fields here were previously used for horses and the fencing was horse proof, albeit a bit dodgy in some places with corrugated iron sheets.
 
OH is currently trying to make the fields sheep proof and has removed the corrugated iron to replace with poles and sheep netting.

It is our boundary but we do not intend to have post and rail fencing as thats more than we need. The next field has two ponies in it that belong to someone else. Once OH has completed what we need for the sheep whose responsibility is it to keep the ponies in their rightful field and make the fence pony proof. 

thanks
Sally
Life is like a bowl of cherries, mostly yummy but some dodgy bits

anderso

  • Joined Jan 2012
  • brokenbrough
Re: Fencing - who has responsibility
« Reply #1 on: April 15, 2012, 06:25:58 pm »
hi your quandary will just keep going on  . First you say the boundary is yours - you should be the one making sure that it is sound.
two - the owner of the ponies have to make sure that there livestock does not get out and are a danger to themselves or others so they also have a need to make sure the fence is sound.

I would get to speak with them and try and work out a deal were you both fix/pay for the fencing to be done- if this is not possible, you can leave it as it is and wait till the ponies get out and claim them as yours or sue the owners in the courts for any costs you have incurred through damage etc.

as I said you still have a quandary - go and sound out the owners..
regards
when the revolution comes it will be a co-op

YorkshireLass

  • Joined Mar 2010
  • Just when I thought I'd settled down...!
Re: Fencing - who has responsibility
« Reply #2 on: April 15, 2012, 06:53:34 pm »
What extras does a "sheep" fence need to make it pony proof? A strand or two of wire above the netting? Suggest the neighbours pay for that addition perhaps?

Bionic

  • Joined Dec 2010
  • Talley, Carmarthenshire
Re: Fencing - who has responsibility
« Reply #3 on: April 15, 2012, 06:57:29 pm »
Yorkshirelass,
I do see fencing with barbed wire on the top.  I would really like to avoid that if possible. Other than that we are fencing exactly as the farmers around us have done.

I think I will need to wait and see what its like when finished and if I think anything extra is needed approach the owner. 

thanks
Life is like a bowl of cherries, mostly yummy but some dodgy bits

YorkshireLass

  • Joined Mar 2010
  • Just when I thought I'd settled down...!
Re: Fencing - who has responsibility
« Reply #4 on: April 15, 2012, 07:02:40 pm »
Sorry, I meant plain wire, just to increase fence height. I don't like ponies in with barbed wire myself  :)

Mel Rice

  • Joined Sep 2011
Re: Fencing - who has responsibility
« Reply #5 on: April 15, 2012, 08:10:37 pm »
It also depends on the ponies ! some will stay in with hardly anything others need maximum security fencing.!!!!!

old ploughman

  • Joined Jun 2010
Re: Fencing - who has responsibility
« Reply #6 on: April 15, 2012, 08:16:01 pm »
You are responsible for ensuring that your own stock does not get out (i understand Scotland may vary in this?) - BUT - when the ponies from next door get in I wouldnt fancy your chances of the neighbour making good the damage. Therefore I would definately put barbed wire on your side of the posts and leave your neighbour to put up an electric fence or similar to keep her ponies back from the nasty barbed wire if she sees fit.

hughesy

  • Joined Feb 2010
  • Anglesey
Re: Fencing - who has responsibility
« Reply #7 on: April 15, 2012, 10:07:03 pm »
It's the owner of any animals who is responsible for keeping them confined. If the ponies get through into your field you have reasonable grounds to ask the ponies owner to make sure it doesn't happen again, just as he would ask you to do if your animals get into his property.

bazzais

  • Joined Jan 2010
    • Allt Y Coed Farm and Campsite
Re: Fencing - who has responsibility
« Reply #8 on: April 16, 2012, 01:03:40 am »
I would def stick barbed wire up as its cheaper, most ponies wont go near it anyway. 

Pretty sure most pony owners dont like it as it rips their nice expensive rugs when they are sctratchig their fat arse on your (used to be) sturdy fence posts.

Small Farmer

  • Joined Jan 2012
  • Bedfordshire
Re: Fencing - who has responsibility
« Reply #9 on: April 16, 2012, 03:23:51 am »
I'd agree with old ploughman. Legally in England it's the owner of the stock but who wants te hassle of claiming for damage.
Being certain just means you haven't got all the facts

 

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