Landowner trying to force me to put up fence

tom9980

I will warn the OP one last time legality or morality matter little in a case like this focus on the best outcome you can get while maintaining good relations, farmers can be very useful to have onside in the countryside and total nightmares when not.

vertex

Hi all. Apologies for the tardy response, Ive been away. I hadnt realised so many people would comment on this thread!

I have no intention of falling out with this farmer. Although I fear he may have other ideas. Ive heard bad things about him and my first impression of him was that hes a difficult character!

If he wants me to contribute money then I will just to keep the peace, but my main gripe is if hes wanting to build it on my side of the ditch! I only have a small garden and he has a whacking big field!

Ive taken a photo so you can see: (I couldnt work out how to insert photo in this post so click on this link) https://we.tl/t-Hg0fKKOd9h . (The bare earth on the right is my garden. He owns the ditch.).

On all other edges of the field there are either stone walls or neighbours garden fencing. So its just my 'stretch' where his cattle could get out.

Maybe DEFRA or NFS would know where I/he stands with this? Im assuming its fully his responsibility to keep his cattle in his field and if the cattle escape and damage my property then its his liability.

G_M

If he owns the ditch, then clearly the fence should be on your side of the ditch,leaving his ditch on his side.


Have you yet checked your deeds for any reference to fencing?


Mine require I maintain a cattle-proof fence fromwhen partof the adjoining field was sold and incorporatd intomy garden (though in practice the farmer comes round yearly and maintains a barbed wire fence 2 ft from my fence as well).

vertex

Yes, I checked my deeds and no mention of fencing.

G_M wrote: »

If he owns the ditch, then clearly the fence should be on your side of the ditch,leaving his ditch on his side.

Interesting. I hadnt thought of it like that. But surely if hes keeping cattle its his responsibility to keep them contained within his field?

EachPenny

vertex wrote: »

If he wants me to contribute money then I will just to keep the peace, but my main gripe is if hes wanting to build it on my side of the ditch! I only have a small garden and he has a whacking big field!

That's irrelevant. What matters is where the legal boundary lies.

vertex wrote: »

Ive taken a photo so you can see: (I couldnt work out how to insert photo in this post so click on this link) https://we.tl/t-Hg0fKKOd9h . (The bare earth on the right is my garden. He owns the ditch.).

In which case, why are you complaining about him wanting the boundary fence on the boundary? Both sides of the ditch are probably his.

vertex wrote: »

On all other edges of the field there are either stone walls or neighbours garden fencing. So its just my 'stretch' where his cattle could get out.

That does suggest (but isn't conclusive) of where the boundary should be, and that someone has a responsibility to fence the boundary.

vertex wrote: »

Maybe DEFRA or NFS would know where I/he stands with this? Im assuming its fully his responsibility to keep his cattle in his field and if the cattle escape and damage my property then its his liability.

That depends on whether or not you have a legal responsibility for maintaining a stockproof boundary fence. Views on that differ on this thread - you probably need to get professional legal advice from someone who has sight of your deeds and a full picture of the whole situation.

ChrisK....._3

Unless your deeds require you to maintain a fence, You are quite right. It's not your responsibility to keep his cows out of your garden, it's his. Just leave it. Every time his cows come in your garden you can sue him.

vertex wrote: »

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.

ChrisK....._3

Errrrrrrr nope. Your neighbor can't keep a tiger in their garden and expect eeeeeveryone else to try and keep it out. OBVIOUSLY

middleclassbutpoor wrote: »

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.

vertex

ChrisK..... wrote: »

Unless your deeds require you to maintain a fence, You are quite right. It's not your responsibility to keep his cows out of your garden, it's his. Just leave it. Every time his cows come in your garden you can sue him.

Thats what Im thinking. Although some of the other posts on here have made me have second thoughts.

As I say, I want to be completely reasonable and Ill even share the costs (even if I dont legally have to) but before I speak with the farmer again I want to be sure whos legal responsibility it is.

ChrisK....._3

That's not similar at all. You don't need a fence to keep wheat out of your garden

Robin9 wrote: »

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.

ian1246

OP: I feel your being somewhat foolish. Right now it sounds like you have a garden facing out onto a field, with the resulting fantastic views which come with that.

If you force the farmers hand, he likely will put up a fence - but if he does that, there is absolutely no guarantee that it will be one which you will enjoy/want, it could potentially be something which is both high & solid, meaning you loose out on your views with all the resulting negative loss for yourself/loss in value for your property.

I would suggest speaking to the farmer, asking him for his advise on what an "appropriate" cattle proof fence would consist of which would also allow you to continue to have a decent view/outlook out onto the field - and then put it up yourself. That way, hopefully the farmer won't have to put a fence up which you may well come to hate.

It sounds like you just need a fence with plenty of solid fence posts, with a good quality/gauge wire mesh pulled tight, attached to your side of the posts, whilst on the side of the posts facing the field, attaching some barb wire to deter the cattle - or something like that, depending on what the farmer says.

This wouldn't cost particularly much at all, depending on how long the gap is requiring the fence.

If you take responsibility for putting the fence up, it means it will be your time & money spent doing so - but it also means you will have control/most of the input into the type of fence which your garden ends up with and thus what impact it will have on your own house/views/access to the sun etc... Which is more important to you?