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    • LUSK
    • By LUSK 15th Apr 18, 7:11 PM
    • 56Posts
    • 8Thanks
    LUSK
    Fence issue
    • #1
    • 15th Apr 18, 7:11 PM
    Fence issue 15th Apr 18 at 7:11 PM
    Between my garden and the field next door to me is a wire fence which has rotten and requires replacement.

    The issue is that my dog keeps getting through the field and I am concerned she will get lost. The field is owned by a man who in turn rents it out to somebody who keeps their horses on there. I have spoken to the land owner and he is telling me that neither he or the lady are prepared to replace the fence because the horses are not getting out. The fact that my dog is getting out means that it is down to me to sort.

    In the event of the boundary fence being owned by the land owner, am I being unreasonable in requesting the fence is replaced? Just because the horse has not got through doesn't mean that it wont, surely? What is the legal position here, please?
Page 1
    • usefulmale
    • By usefulmale 15th Apr 18, 7:16 PM
    • 2,451 Posts
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    usefulmale
    • #2
    • 15th Apr 18, 7:16 PM
    • #2
    • 15th Apr 18, 7:16 PM
    If you want to keep YOUR dog on YOUR land, YOU have to put up a fence on YOUR land.
    • martinthebandit
    • By martinthebandit 15th Apr 18, 7:20 PM
    • 3,670 Posts
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    martinthebandit
    • #3
    • 15th Apr 18, 7:20 PM
    • #3
    • 15th Apr 18, 7:20 PM
    If you want to keep YOUR dog on YOUR land, YOU have to put up a fence on YOUR land.
    Originally posted by usefulmale

    Is the right answer and, if your dog is getting into the field and worrying the horses you (and your dog) could potentially get in a lot of trouble.

    http://naturenet.net/law/dogs.html

    If you don't find joy in the snow,
    remember you'll have less joy in your life


    ...but still have the same amount of snow!
    • tiz
    • By tiz 15th Apr 18, 7:22 PM
    • 106 Posts
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    tiz
    • #4
    • 15th Apr 18, 7:22 PM
    • #4
    • 15th Apr 18, 7:22 PM
    It's your responsibility to keep your dog contained in your garden, not your neighbours responsibility to fence your dog out of theirs.

    Keep in mind a fence perfectly adequate for horses e.g. posts and rails is unlikely to contain a dog, as they much smaller. They have obsoletely no obligation to erect a fence that does contain your dog.

    You might be able to agree with your neighbours to share the cost of a replacement fence, or for them to contribute something towards you replacing it if they receive some benefit. For example, if it's likely the fence will shortly also stop containing the horses they may consider paying half of the cost of new posts and rails, and then you could also add wire mesh over.
    • Doozergirl
    • By Doozergirl 15th Apr 18, 7:23 PM
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    Doozergirl
    • #5
    • 15th Apr 18, 7:23 PM
    • #5
    • 15th Apr 18, 7:23 PM
    That person owns the fence, not the responsibility to keep your dog in. You are perfectly entitled to put your own fence next to theirs.
    Everything that is supposed to be in heaven is already here on earth.
    • LUSK
    • By LUSK 15th Apr 18, 7:24 PM
    • 56 Posts
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    LUSK
    • #6
    • 15th Apr 18, 7:24 PM
    • #6
    • 15th Apr 18, 7:24 PM
    If you want to keep YOUR dog on YOUR land, YOU have to put up a fence on YOUR land.
    Originally posted by usefulmale
    Even if the fence belongs to the land owner and is in poor state of repair and requires replacement?
    • usefulmale
    • By usefulmale 15th Apr 18, 7:36 PM
    • 2,451 Posts
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    usefulmale
    • #7
    • 15th Apr 18, 7:36 PM
    • #7
    • 15th Apr 18, 7:36 PM
    Even if the fence belongs to the land owner and is in poor state of repair and requires replacement?
    Originally posted by LUSK
    If you want to keep YOUR dog on YOUR land, YOU have to put up a fence on YOUR land.
    • comeandgo
    • By comeandgo 15th Apr 18, 7:45 PM
    • 2,291 Posts
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    comeandgo
    • #8
    • 15th Apr 18, 7:45 PM
    • #8
    • 15th Apr 18, 7:45 PM
    Can't you teach your dog to stay in the garden? My neighbours have no fences, their dogs rarely stray.
    • EssexExile
    • By EssexExile 15th Apr 18, 8:23 PM
    • 3,280 Posts
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    EssexExile
    • #9
    • 15th Apr 18, 8:23 PM
    • #9
    • 15th Apr 18, 8:23 PM
    Check your deeds, mine say I have to keep a stock proof fence between me & the adjacent fields. Of course there haven't been any adjacent fields for decades.
    Tall, dark & handsome. Well two out of three ain't bad.
    • stator
    • By stator 15th Apr 18, 9:07 PM
    • 6,657 Posts
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    stator
    Even if the fence belongs to the land owner and is in poor state of repair and requires replacement?
    Originally posted by LUSK
    Yes, there is no legal obligation for anyone to maintain a fence unless the deeds specifically state that a fence must be maintained for a specific purpose.

    But virtually no-one has conditions in their deeds that mention keeping a fencing maintained. The deeds may mention who owns the fence, but that doesn't mean they have to maintain it to your standards.

    So it's up to you to put up your own fence on your part of the boundary.
    Changing the world, one sarcastic comment at a time.
    • Aylesbury Duck
    • By Aylesbury Duck 15th Apr 18, 9:47 PM
    • 2,475 Posts
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    Aylesbury Duck
    Even if the fence belongs to the land owner and is in poor state of repair and requires replacement?
    Originally posted by LUSK
    So if your neighbour took exception to the state of say, the paintwork on your outside wall that faced their garden, you'd immediately repaint it at your expense to make them happy? Of course you wouldn't, you would get round to it if and when you wanted to do it.

    As others have said, the state of your neighbour's fence is none of your business. If you want a secure boundary, you are at liberty to pay for one on your own land.
    • rach_k
    • By rach_k 16th Apr 18, 9:50 AM
    • 1,344 Posts
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    rach_k
    Even if the fence belongs to the land owner and is in poor state of repair and requires replacement?
    Originally posted by LUSK
    If the fence is dangerous, they may need to make it safe but they could remove it entirely, or replace it with some stakes and a length of rope. They could go for one of those nasty white plastic chain things that come up to your knee. Would that keep your dog in? If you want a fence and to choose what kind it is (i.e. that it will keep a dog in), you need to pay for it.

    If money is an issue, you could do something cheap with chicken wire or similar.
    • Ozzuk
    • By Ozzuk 16th Apr 18, 2:16 PM
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    Ozzuk

    If money is an issue, you could do something cheap with chicken wire or similar.
    Originally posted by rach_k
    Just be be clear OP, you can't make any repairs/alterations to the existing fence - unless they give you permission, so don't stick chicken wire on it directly, you'd have to put your own posts in on your side.
    • Davesnave
    • By Davesnave 17th Apr 18, 8:02 AM
    • 26,875 Posts
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    Davesnave
    The quickest way to get an animal-owning landowner to repair or replace fences, is to inform them that you've just planted hedging injurious to animal health on your side of the boundary.

    I did that when a neighbouring farmer seemed rather unconcerned that his sheep had trashed a streamside I'd been working on and planting-up.

    A new fence went in within weeks.

    However, a sheep-proof fence isn't necessarily dog-proof and a horse may be contained with something much less secure, including simple electric ribbon tapes. The dog is still your responsibility.
    Last edited by Davesnave; 17-04-2018 at 8:05 AM.
    "Gardening is cheaper than psychotherapy.....and you get tomatoes."
    • peachyprice
    • By peachyprice 17th Apr 18, 9:01 AM
    • 19,950 Posts
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    peachyprice
    Even if the fence belongs to the land owner and is in poor state of repair and requires replacement?
    Originally posted by LUSK
    The fence is there to mark the boundary, not to keep your dog in. If you want to keep your dog in erect your own fence in your own garden.

    It doesn't matter how many times or ways you ask the question the answer remain the same. Your dog, your problem.
    Accept your past without regret, handle your present with confidence and face your future without fear
    • pinkshoes
    • By pinkshoes 17th Apr 18, 9:17 AM
    • 16,120 Posts
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    pinkshoes
    A fence just marks a boundary.

    By 'fence', this could just be a piece of string between two poles if desired.

    Either tether your dog, or put up an adequate fence on your side.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • LUSK
    • By LUSK 21st Apr 18, 8:19 PM
    • 56 Posts
    • 8 Thanks
    LUSK
    Thanks for the assistance all. Having pulled the deeds, the solicitor has confirmed that it is the responsibility of the farmer to ensure the boundary is secure. As a goodwill gesture, I am prepared to contribute towards half the cost.
    • Jonesya
    • By Jonesya 21st Apr 18, 9:39 PM
    • 1,542 Posts
    • 946 Thanks
    Jonesya
    Well give it a try and see how you get on.

    But what does 'secure' mean, secure against what?

    If the obligation is on the farmer then it probably means secure against the farmers livestock from getting into your garden and damaging your property.

    It's unlikely to mean that the farmer has to secure the boundary to prevent your pets escaping from your garden because how can the farmer know what pets you've got and what fence is needed?
    • Davesnave
    • By Davesnave 21st Apr 18, 9:48 PM
    • 26,875 Posts
    • 96,626 Thanks
    Davesnave
    Thanks for the assistance all. Having pulled the deeds, the solicitor has confirmed that it is the responsibility of the farmer to ensure the boundary is secure. As a goodwill gesture, I am prepared to contribute towards half the cost.
    Originally posted by LUSK
    We are back where we started then. The horses haven't escaped, so the fence is secure.
    "Gardening is cheaper than psychotherapy.....and you get tomatoes."
    • Mojisola
    • By Mojisola 21st Apr 18, 10:00 PM
    • 30,130 Posts
    • 77,429 Thanks
    Mojisola
    Having pulled the deeds, the solicitor has confirmed that it is the responsibility of the farmer to ensure the boundary is secure.
    Originally posted by LUSK
    And did the solicitor confirm that you are required to keep your dog under control?
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