Landowner trying to force me to put up fence

EachPenny

vertex wrote: »

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.

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LadyDee

In your position I would go back to your solicitor to check the legal position. Then, if it is his , approach the farmer with the suggestion that if it is his responsibility you will be happy to contribute to the cost if you have input into what form the fence will take. If it is yours, then at least you know where you stand and can erect a fence totally in the form you want.

Whosever responsibility it turns out to be then you expect the farmer to maintain it if his cattle damage it.

davidmcn

vertex wrote: »

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.

Like I asked earlier, did he give any hints as to why he thought you had to put up a fence? Have you asked him?

Davesnave

davidmcn wrote: »

Like I asked earlier, did he give any hints as to why he thought you had to put up a fence? Have you asked him?

I agree, you need open up a dialogue with the farmer and also establish exactly where the boundary lies as part of this.

Most fields with drainage ditches have the boundary on the far side of the ditch, because in ye olden days the farmer didn't have a tractor with a 10' flail arm, so he needed access to maintain his side of the hedge.

Looking at the photo, it seems very likely that there was originally a stock-proof hedge on your side of the ditch, which has been removed by a previous owner to gain the view. It's therefore possible to see where the farmer is coming from here; after all he cannot easily erect a short piece of stock fence to cover your bit without also making it cross the ditch to stop animals just walking around it. That's difficult, and if ther hedge was still there, it would also be unneccessary.

Davesnave

ChrisK..... wrote: »

. Every time his cows come in your garden you can sue him.

Judges usually take a dim view of people who resort to the law first, rather than try to sort out their differences in discussion, or if that's not possible, via mediation. The courts are a last resort.



I think you've been watching too much American TV.

vertex

Ive decided - for an easy life - to put up the fencing on my side of the ditch and pay for it. So the question now is: what stock proof fencing is the most visually unobtrusive? Ive measured the distance and Ill need 30m of fencing.

brianposter

vertex wrote: »

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.

I have a suspicion that this assumption is incorrect.
Historically cattle roamed free and anyone who wanted to keep them out had to put up a fence, and I am not aware that any law has been passed to change those responsibilities.

Davesnave

vertex wrote: »

Ive decided - for an easy life - to put up the fencing on my side of the ditch and pay for it. So the question now is: what stock proof fencing is the most visually unobtrusive? Ive measured the distance and Ill need 30m of fencing.

The cheapest and most in context with the countryside is probably post and rail, put up by an agricultural contractor.
On my field/garden boundary, I couple it with sheep netting at the bottom. But this is where liaison comes in, because if the farmer has no sheep, the netting may be omitted.

sheramber

https://www.gscgrays.co.uk/2018/02/21/stockproof-fencing-is-the-land-owner-or-tenant-responsible/


We live in a crofting area and our neighbour has one cow who regularly jumps over the fences. She has also taught her calves to do it.

DaftyDuck

sheramber wrote: »

https://www.gscgrays.co.uk/2018/02/21/stockproof-fencing-is-the-land-owner-or-tenant-responsible/


We live in a crofting area and our neighbour has one cow who regularly jumps over the fences. She has also taught her calves to do it.

Naughty neighbour, to teach young calves to jump!

OP. I'd say easiest solution would be to bung wire stock fencing in. Given the ditch, it needn't be too high, or even too strong. If you are handy, you can do it yourself, but there will be plenty of agricultural fencers (or even the farmer, if you smile sweetly, and offer to pay...) who could do it very cheaply. 30 metres is about 10 posts,one roll of stock fencing wire, one length of strainer wire, 100 staples. DIY, you'd have change from £50. Pay someone, maybe £200. Done well, it will last forever, and would be virtually invisible. Wooden rail would cost similar, and would look better if done well.

Plenty of YouTube videos, or Radford's Guide to Stock Fencing, cheap on eBay!