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Author Topic: Paddock fence challenge with Neighbour  (Read 6711 times)

2sheep

  • Joined Aug 2018
Paddock fence challenge with Neighbour
« on: August 15, 2018, 01:23:29 am »
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

Backinwellies

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Re: Paddock fence challenge with Neighbour
« Reply #1 on: August 16, 2018, 07:21:19 am »
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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Maysie

  • Joined Jan 2018
  • Herefordshire/Shropshire Border
Re: Paddock fence challenge with Neighbour
« Reply #2 on: August 16, 2018, 10:08:40 am »
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! 

bj_cardiff

  • Joined Feb 2017
  • Carmarthenshire
Re: Paddock fence challenge with Neighbour
« Reply #3 on: August 16, 2018, 11:03:19 am »
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.

honeyend

  • Joined Oct 2011
Re: Paddock fence challenge with Neighbour
« Reply #4 on: August 16, 2018, 11:17:16 am »
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.

greenbeast

  • Joined Jul 2014
Re: Paddock fence challenge with Neighbour
« Reply #5 on: August 17, 2018, 10:09:27 pm »
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 :)

landroverroy

  • Joined Oct 2010
Re: Paddock fence challenge with Neighbour
« Reply #6 on: August 17, 2018, 10:30:38 pm »
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?
Rules are made:
  for the guidance of wise men
  and the obedience of fools.

doganjo

  • Joined Aug 2012
  • Clackmannanshire
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Re: Paddock fence challenge with Neighbour
« Reply #7 on: August 19, 2018, 01:43:39 pm »
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
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

Penninehillbilly

  • Joined Sep 2011
  • West Yorks
Re: Paddock fence challenge with Neighbour
« Reply #8 on: August 19, 2018, 02:06:23 pm »
How about putting posts in between hers and fasting the fence to your posts?

doganjo

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Re: Paddock fence challenge with Neighbour
« Reply #9 on: August 19, 2018, 02:46:35 pm »
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.
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

landroverroy

  • Joined Oct 2010
Re: Paddock fence challenge with Neighbour
« Reply #10 on: August 19, 2018, 03:03:26 pm »
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.
Rules are made:
  for the guidance of wise men
  and the obedience of fools.

Black Sheep

  • Joined Sep 2015
  • Briercliffe
    • Monk Hall Farm
Re: Paddock fence challenge with Neighbour
« Reply #11 on: August 19, 2018, 03:54:43 pm »
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.

SallyintNorth

  • Joined Feb 2011
  • Cornwall
  • Rarely short of an opinion but I mean well
    • Trelay Cohousing Community
Re: Paddock fence challenge with Neighbour
« Reply #12 on: August 19, 2018, 03:58:43 pm »
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. 
Don't listen to the money men - they know the price of everything and the value of nothing

Live in a cohousing community with small farm for our own use.  Dairy cows (rearing their own calves for beef), pigs, sheep for meat and fleece, ducks and hens for eggs, veg and fruit growing

Penninehillbilly

  • Joined Sep 2011
  • West Yorks
Re: Paddock fence challenge with Neighbour
« Reply #13 on: August 19, 2018, 04:22:27 pm »
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?


harmony

  • Joined Feb 2012
Re: Paddock fence challenge with Neighbour
« Reply #14 on: August 19, 2018, 05:46:17 pm »
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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