SmallWelshBarn wrote: ↑
Fri Jan 25, 2019 10:13 am
I have litigated 3 times over my life time twice to the LVT and one interim injunction. I have won each case except the interim injunction and that was my own fault and I should have not been seeking an injunction rather a hearing for a matter over trespass I’m not afraid to use the court system as that’s what it is their for.
I disagree with the Woodland trusts interpretation of stock proof. I think you miss the point the fencing belongs to the trust it is their obligation to insure it is stock proof.
I have spoken to 3 sets fencing contractors who all state stock fence should have barb along the bottom.
It stops stock getting under the fence.
All forestry Comission fencing has a strand of barb.
If my stock can get out it’s not stock proof and the covenant is for them to maintain it and insure it is stock proof.
It will be up to a judge to interpret what is stock proof.
As for the Woodland trust personal not a fan which is another story.
The covenant is to prevent your animals from getting out and not to prevent wild animals getting in . You say your animals can get out. Have they.
Are there deer around by you . If there is barbed wire should not be used.
The only surefire way to keep a wild bore hunting for females out is to electrify it and that is something you couldn't require them to do unless it was being done at the time of grant .
Your easement does not mention to what standard the fencing should be . The scope of an easement if not expressly mentioned in the grant is normally determined by what was envisaged at the time of grant . If at the time of grant your land only contained sheep then they would have a very good argument that the fencing only needs to be of a standard to contain sheep .
Do not think this is a straight forward win
Any information provided is not legal advice and you are advised to gain a professional opinion