As I explained in an earlier post, it may be possible to establish who actually "owns" the boundary, via any paperwork relating to the property in question. In any case, I should think that boundary fencing would be expected to be "fit for purpose" in rural areas especially.
A problem can arise when the land is used for a different purpose at some time - i.e. fencing or hedges which will keep cattle safely enclosed will not always be suitable for keeping sheep, so that an extra/alternative method would be needed for this "change of use" and the fencing should therefore be "fit for purpose" in this instance. This has happened round here recently when sheep have grazed land which was used for cattle, and as a result have escaped on a regular basis. In this case, I imagine that the landowner should have come to an appropriate arrangement with whoever owns the livestock on the land - sometimes it is rented out to another party - and I imagine it would be the responsibility of the owner of the livestock to ensure that the boundaries are suitable in this instance.
Obviously it's a bit different when what you want to do is to stop animals from nibbling away at any hedging etc., and I have already made some suggestions in an earlier post as to how this can be achieved.
Lyn, I own animals, and yes, I agree with you. It takes very little to set up an electric fence nowadays. It needs a minimum of maintanance, but hey, it's part of having animals. If you are not ready to do it, you should NOT have animals. Livestock escaping from their pasture are not only annoing to the neighbours but also in danger of getting on the roads and causing accidents
I do understand what being neighbourly is all about, I consider myself to be neighbourly, but my issue is when you are dealing with a neighbour that is not neighbourly. I have a neighbour who's attitude is 'I will only do it if it is a requirement under the law and by the way show me the statute so I can check it myself' When you are dealing with someone like that my opinion is meaningless, it's facts I need.
Debcon - do I understand that your neighbour's animals are leaning over the boundary and are eatiing your plants? I don't think that there's anything you can do about that other than to grow your plants out of reach.
If his/her animals eat their way through your hedge, because it's the stock-owner's responsibility to fence his/her stock, then they'll have to erect a stockproof fence to keep them in so that they don't walk through the eaten fence into your garden.
Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.
Dovefromabove. When I bought the land, 2011, as part of the contract I had to erect a stock proof fence which was posts, wire netting (approx 6" x 6" square) and two strands of barbed wire. I then planted a hawthorn hedge on my side of the fence. I then needed to cover the face of the fence with chicken wire as the sheep were poking their noses through and eating the whips. Things were ok until the hedge grew above the fence line, the sheep now stand on their hind legs with their front hoofs resting on the fence and lean across and eat the hedging. Hence me being interested in whose responsibility it is. I have been told by a local landowner that the responsibility lies with my neighbour and not me but I need that in law rather than an opinion.
It sounds as though you've got the sort of fence which would keep most livestock out, so I'd suggest that to solve the problem of the sheep standing up and nibbling things you could fix some electric fence on top of the posts. There's even a variety called The Electric Shepherd - I've seen it used round here at low level to secure (on a temporary basis) an area of land of about 20 acres. You could fix it on top of the posts because the wire can be threaded though ring-shape attachments which are insulated. Do have a look at various websites and even go to a local agricultural supplies place and they'd be able to advise you as to the details.
Unless you can cause your neighbour to see sense, Debcon, there may be two ways forward: one is a civil action, which you want to avoid, and the other is to approach the local NFU rep. I've found them to be surprisingly persuasive with landowners, even those who aren't members. Some landowners are only happy to talk to 'their own', and regard everyone else as interfering townies and busybodies.
Having said that, I think I'd have put the hedge a bit further back behind the fence.
if you look at all old church yards they have yews planted this was because it was then the owner of the cattle/horses responsibility to fence off there animals so as not to eat there neighbours hedge as it was poisonous to them and it legal
Posts
As I explained in an earlier post, it may be possible to establish who actually "owns" the boundary, via any paperwork relating to the property in question. In any case, I should think that boundary fencing would be expected to be "fit for purpose" in rural areas especially.
A problem can arise when the land is used for a different purpose at some time - i.e. fencing or hedges which will keep cattle safely enclosed will not always be suitable for keeping sheep, so that an extra/alternative method would be needed for this "change of use" and the fencing should therefore be "fit for purpose" in this instance. This has happened round here recently when sheep have grazed land which was used for cattle, and as a result have escaped on a regular basis. In this case, I imagine that the landowner should have come to an appropriate arrangement with whoever owns the livestock on the land - sometimes it is rented out to another party - and I imagine it would be the responsibility of the owner of the livestock to ensure that the boundaries are suitable in this instance.
Obviously it's a bit different when what you want to do is to stop animals from nibbling away at any hedging etc., and I have already made some suggestions in an earlier post as to how this can be achieved.
Lyn, I own animals, and yes, I agree with you. It takes very little to set up an electric fence nowadays. It needs a minimum of maintanance, but hey, it's part of having animals. If you are not ready to do it, you should NOT have animals. Livestock escaping from their pasture are not only annoing to the neighbours but also in danger of getting on the roads and causing accidents
http://www.cambridge-news.co.uk/Horse-owner-animals-caused-fatal-accident-A14-Christmas-Eve-jailed/story-22366846-detail/story.html
It is the stock-owner's responsibility to keep the animals secure.
Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.
I do understand what being neighbourly is all about, I consider myself to be neighbourly, but my issue is when you are dealing with a neighbour that is not neighbourly. I have a neighbour who's attitude is 'I will only do it if it is a requirement under the law and by the way show me the statute so I can check it myself' When you are dealing with someone like that my opinion is meaningless, it's facts I need.
Debcon - do I understand that your neighbour's animals are leaning over the boundary and are eatiing your plants? I don't think that there's anything you can do about that other than to grow your plants out of reach.
If his/her animals eat their way through your hedge, because it's the stock-owner's responsibility to fence his/her stock, then they'll have to erect a stockproof fence to keep them in so that they don't walk through the eaten fence into your garden.
Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.
Dovefromabove. When I bought the land, 2011, as part of the contract I had to erect a stock proof fence which was posts, wire netting (approx 6" x 6" square) and two strands of barbed wire. I then planted a hawthorn hedge on my side of the fence. I then needed to cover the face of the fence with chicken wire as the sheep were poking their noses through and eating the whips. Things were ok until the hedge grew above the fence line, the sheep now stand on their hind legs with their front hoofs resting on the fence and lean across and eat the hedging. Hence me being interested in whose responsibility it is. I have been told by a local landowner that the responsibility lies with my neighbour and not me but I need that in law rather than an opinion.
Then you need to speak to a legal adviser rather than a group of people with differing opinins Debcon
In the sticks near Peterborough
It sounds as though you've got the sort of fence which would keep most livestock out, so I'd suggest that to solve the problem of the sheep standing up and nibbling things you could fix some electric fence on top of the posts. There's even a variety called The Electric Shepherd - I've seen it used round here at low level to secure (on a temporary basis) an area of land of about 20 acres. You could fix it on top of the posts because the wire can be threaded though ring-shape attachments which are insulated. Do have a look at various websites and even go to a local agricultural supplies place and they'd be able to advise you as to the details.
Unless you can cause your neighbour to see sense, Debcon, there may be two ways forward: one is a civil action, which you want to avoid, and the other is to approach the local NFU rep. I've found them to be surprisingly persuasive with landowners, even those who aren't members. Some landowners are only happy to talk to 'their own', and regard everyone else as interfering townies and busybodies.
Having said that, I think I'd have put the hedge a bit further back behind the fence.
if you look at all old church yards they have yews planted this was because it was then the owner of the cattle/horses responsibility to fence off there animals so as not to eat there neighbours hedge as it was poisonous to them and it legal