Landowner trying to force me to put up fence

vertex

Hi all

I have a small house that backs on to a field. My back garden has no fence/wall; a dranage ditch; then the field. It looks a bit like a ha-ha.

A local farmer has just bought the field and is going to keep cattle in it. He came over yesterday and said Id need to put up a fence so his cows dont cross the ditch into my garden. I said its not my responsibility to put up a fence to prevent HIS cows from getting out of the field. He seems like a difficult character.

Im not quite sure how to handle this. I presume its his responsibility to put up a fence? Am I legally part-responsible?

My concern is that if I refuse he'll put up a monstrosity of a fence out of spite, or some other obnoxious action. Or he might just be trying his luck.

Just trying to gauge opinion on here.

Thanks.

middleclassbutpoor

2 ways of looking at it..

Your view... If he wants to keep the cattle in his field, he should pay for it. Its his responsibility to protect his boundary.

His view... If they don't put one up, at least they can't complain that I didn't warn them if my cattle wander into their garden. It's their responsibility to protect their boundary.

Sensible solution.

You accept that neither of you want to be putting up with ill feeling for the time you are neighbours and you both agree that neither of you want cattle going off his land and therefore a sensible solution would be to share the costs of a fence to stop this happening. By both inputting into the design of the fence, you both get what you want without both feeling you have lost out.

If you cannot even contemplate paying, you can't really complain if they do something which is not acceptable to you.

Amara

In short, no, he can't force you to put new fence and pay for it. But putting new fence is a good idea. Perhaps you and him can agree on sharing costs?
Have a look o this.
https://hmlandregistry.blog.gov.uk/2018/02/27/drawing-the-line-on-boundaries/

Robin9

I have a similar situation but I inherited a old fence.

There is a nice view of open fields (as present usually wheat or oil seed rape) and I now have a simple post and rail fence which maintains the security and the view.

davidmcn

On what basis does he think you need to put up a fence? Have you checked the titles to see if you (or him) have an obligation to fence the boundary?

getmore4less

Who owns the ditch?

If wide enough a cattle trap could work and retain the view.

tom9980

Ask the farmer if he has any spare fence posts and wire fencing going spare and erect that. Be warm and friendly and look for a solution that suits both of you because if you happen to be unlucky you may find a nice large Stack of bales or a nice large muck heap appearing soon enough.

eddddy

vertex wrote: »

Im not quite sure how to handle this. I presume its his responsibility to put up a fence? Am I legally part-responsible?

Something to check...

It's possible that you have a covenant in your deeds that requires you to put up a fence.

When I've sold part of a garden in the past, it's been with a covenant that future owners of the land must erect and maintain a boundary fence.

So, for example, a previous owner of the farmland might have sold your house's plot for building, with a covenant that the plot must be fenced.

Comms69

Surely if there's a ditch that would allow his cattle to roam off his land, and potentially onto public roadways he'd be putting up a fence anyway?

Davesnave

He will be fencing anyway, or using electric, unless all his other boundaries are securely hedged, but I agree with others that you don't want to create animosity, because the farmer is in a much better position to fire the final salvo in any dispute. Piles of muck or bales are only two possibilities.....

I have fields and I maintain the views of one house owned by pleasant people, even though it doesn't suit my preferences. Another neighbour, who's been aggressive and deliberately unpleasant, has fast-growing evergreens and mature trees that will eventually reach 60' on his boundary.*


*Just realised on re-reading, I may be a difficult character!

Davesnave

getmore4less wrote: »

Who owns the ditch?

If wide enough a cattle trap could work and retain the view.

You mean a ha-ha, I think. Very posh and what all the gentry used to do! Cattle are a lot easier to contain than sheep.