Boundary fence question

heldel00

Hopefully someone might be able to advise.

We bought a site from farmer years ago. Not sure why (maybe we were legally obliged to) but we fenced off our site, rather than him fencing off his field, if that makes sense. His field borders our site.
We planted hedge and it is growing nicely. Fence posts have deteriorated and wire is sagging in places. Doesn't worry us because hedge will eventually provide sufficient boundary.
Farmer rang during week that he will be putting cattle back in field this week and wants us to put up new fence.
Do we have to?
My thinking would be that if he wants to keep his cattle in then he needs to make sure his field is fenced properly?
Or if his cattle end up on our lawn is it out fault for not having the fence up? Remember we don't want the fence. Our hedge will potentially provide boundary protection.
Thanks in advance.

BarryD2

We had sheep coming through gaps in old fence and eating all before them, veggies, tree saplings etc etc. We fenced as at end of the day whatever about the legalities, we were suffering, So if you don’t want cattle trampling your plot, then fence. Unless you’re all for swelling the coffers of the legal profession.

Addle

We have to maintain a ‘stock proof fence’ around our site. It was an agreement the between the vendor and original owner and we have to keep it or it’ll be our problem if livestock cause damage.

Odelay

Generally the stock owner has to ensure their animals don’t trespass.

db

It will depend on whatever is in the contract. It probably includes a clause that you must have a stock proof fence.

Water John

Addle is correct. If said farmer sold you the site then his solr would have put the clause relating to erecting, securing and maintaining a stockproof fence.
If that didn't happen, he had a poor solr acting for him.

OldMrBrennan83

Check the contract and go with that.

heldel00

I would put the house on it that it is not in the contract.
Not even sure if i have a copy of contract in the house but I'll look.
ETA very fecking annoying. There's nothing but rushes on the field and cattle won't be in a day until they go wandering for something decent.

Water John

I'd go more with, good fences leads to good neighbours. Not a good idea to be mending the lawn and hedge, no matter whose fault it is.
The fact that you fenced it first day, would be taken as an indicator as to whose responsibility it is.

awec

I'd just put one up for peace of mind. If you've kids or whatever in the garden you wouldn't want cattle being able to get in.

OldMrBrennan83

Water John wrote: »

I'd go more with, good fences leads to good neighbours. Not a good idea to be mending the lawn and hedge, no matter whose fault it is.

Not a good idea to just cave straight off the bat either as it can lead to problems down the line if someone thinks you're a soft touch. Even if you are going to put the fence up, don't make it too easy too quickly.

fepper

Family members have sites and houses built around the farm and they was nothing about whose responsibility it was to fence boundaries

Water John

Any good solr practice has a template for conveyance of sites. It would be a standard inclusion in one, family or sale.

freedominacup

It's a fairly standard clause in site sale agreements that the purchaser is obliged to erect and maintain a stockproof barrier around their property. In practice in my own case we have our own fencing roughly a metre from whatever passes for site owners attempt at stockproof barrier. Just to be on the safe side.

Glass fused light

How about costing an electric fence to add to what is there already.

kurtainsider

Glass fused light wrote: »

How about costing an electric fence to add to what is there already.

Would you be in a position to to ask the farmer to erect an electric fence and you would buy a fencer and plug it into your supply?

That way you could both display helpfulness and good neighbourliness at low cost to both parties.

fepper

Water John wrote: »

Any good solr practice has a template for conveyance of sites. It would be a standard inclusion in one, family or sale.

In fairness,nearly all have walled the boundary themselves but its more to protect their immaculate gardens

Dav010

If it was me, and I want to apply for planning at some stage in the future, I’d stay on good terms with the neighbours.

BarryD2

OldMrBrennan83 wrote: »

Not a good idea to just cave straight off the bat either as it can lead to problems down the line if someone thinks you're a soft touch. Even if you are going to put the fence up, don't make it too easy too quickly.

There’s legalities and there’s practicalities in these matters. As mentioned above, there’s the old adage of bad fences leading to bad neighbours. But if it’s no skin off the neighbour’s nose if their cattle graze and trample the OP’s site, it’s simpler just to fence and avoid the hassle. Electric fencing might also be a solution, temporary anyway.

OldMrBrennan83

BarryD2 wrote: »

There’s legalities and there’s practicalities in these matters. As mentioned above, there’s the old adage of bad fences leading to bad neighbours. But if it’s no skin off the neighbour’s nose if their cattle graze and trample the OP’s site, it’s simpler just to fence and avoid the hassle. Electric fencing might also be a solution, temporary anyway.

Depends if the OP has a gate or not at the front. I'm sure the farmer doesn't want them on the road.

I'm not saying I wouldn't fence it but if it wasn't on paper that it was my responsibility then I wouldn't be jumping into action too easily. A bad neighbour can also be one who thinks you're a soft touch.


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Dolbhad

As previous posters said - depends on the agreement. It may be in the transfer deed or your contract. Or would have been a previously agreement between parties thats registered on the folio as a burden and affects all parties going forward. But as others said thread carefully as bad neighbours can make life very difficult

Graces7

Going back years now but at one house I owned the vendor told me that he has stock-fenced the boundaries that he was on the deeds responsible for but that the one remaining unfenced boundary was the responsibility in law of the farmer-neighbour . Who left it unfenced.
For other reasons ie serious neglect his sheep I called the Dept of Ag out and they made him fence HIS boundary.

More recently also, in a rental, a case where the neighbour whose sheep were in my garden claimed that that boundary was not his but the house owners to fence.

He had fenced the other boundaries

handlemaster

Farmers have to fence in rather that fence out. But if you have in the contract of sale that its your responsibility then your dickied id say.

Glass fused light

If there is no obligation on the OP'S side pointing out that your garden may contain some harmful plants could encourage the farmer to see the economic benefit of stock proofing the field.

Marcusm

BarryD2 wrote: »

There’s legalities and there’s practicalities in these matters. As mentioned above, there’s the old adage of bad fences leading to bad neighbours. But if it’s no skin off the neighbour’s nose if their cattle graze and trample the OP’s site, it’s simpler just to fence and avoid the hassle. Electric fencing might also be a solution, temporary anyway.

You’ve reversed it; it’s “good fences make good neighbours” from a poem called Mending Walls by Robert Frost. The neighbours rebuild the wall each year and it constitutes their good relationship! If the fence was not bad it would not take the neighbours working well together to fix it!

OP: maybe use this with the farmer - a jointly constructed and maintained fence gives you something to bring you together rather than to divide you!

the_pen_turner

can you contract your way out of your legal responsibtities to keep you animals in

Glass fused light

the_pen_turner wrote: »

can you contract your way out of your legal responsibtities to keep you animals in

No, but it should reduce any damages which would otherwise be payable to the site owner from trespass by the livestock.

Glass fused light

the_pen_turner wrote: »

can you contract your way out of your legal responsibtities to keep you animals in

No, but it should reduce any damages which would otherwise be payable to the site owner from trespass by the livestock.

Graces7

is this not on the deeds? was where I was.