Is fencing required by law?

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fernlady
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Is fencing required by law?

Post by fernlady » Tue Oct 22, 2019 12:58 pm

Hi, just a quick question. We live very in a very rural area, our hedges are our fences which are not completely secure. Am I obliged to make them secure? Our livestock is contained within a fenced area within our land and don't get out but our neighbour insists we should fence our land completely as he insists my dogs are livestock. Is he right? I've looked and can only see that livestock (ours is a pet goat and some chickens) are contained which they are. Thanks in advance.

cleo5
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Re: Is fencing required by law?

Post by cleo5 » Tue Oct 22, 2019 1:13 pm

Does yourneighbour keep sheep?

If your dogs worry his sheep or other livestock then you will be responsible. Similarly ifhis livestock sttray onto your land he will be responsible.
If your dogs roam free them there might be a problem.

You are obliiged to prevent your livestock from straying and causing damage including dogs.
If the dogs are always within your sight then no problem.
You could run chicken wire along base of hedges or plant prickly bushes where thereare gaps.

arborlad
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Re: Is fencing required by law?

Post by arborlad » Wed Oct 23, 2019 8:20 am

fernlady wrote:
Tue Oct 22, 2019 12:58 pm
Hi, just a quick question. We live very in a very rural area, our hedges are our fences which are not completely secure. Am I obliged to make them secure? Our livestock is contained within a fenced area within our land and don't get out but our neighbour insists we should fence our land completely as he insists my dogs are livestock. Is he right? I've looked and can only see that livestock (ours is a pet goat and some chickens) are contained which they are. Thanks in advance.



As a landowner, there is no requirement for you to have a fence at the limit of your land, although it is very unwise not to have your boundaries defined and secure.

You must fence against your own stock within your own land - you do not have to have a stockproof boundary.

Dogs are not livestock and must be under control at all times, again - you do not have to have a dogproof boundary.


Is this the same neighbour that is polluting your land?
arborlad

smile...it confuses people

fernlady
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Re: Is fencing required by law?

Post by fernlady » Wed Nov 06, 2019 2:53 pm

It is the same people with the septic tank. His dog has got into our garden twice and attacked two separate dogs of mine. He has admitted one attack (however he cherry picks bits of the bill he won't pay for such as an infection after surgery, it was a bad attack) the second attack he says is my fault as we have no secrue fence even though it was also on my land (I witnessed both attacks, he did not as his 85 year old mother was walking their lurcher who ran through the hedge on an extendable lead and pulled her over injuring her hand - I did make sure she was ok and helped her up) but he says it was outside our boundary which is not true, my husband had to remove my tiny terrier from it's mouth as it was doing the death shake and she really is minute. We have lived next door to the old lady for 30 years with no issues, her daughter and son in law have moved in and it's gone potty (literally) as they have no money and are trying not to pay for anything. His lurcher has been in many times after my goat (which is safely behind stock fencing along with our chickens) but he has had to keep coming to get it, luckily until the attacks our dogs weren't out but the last twice it did catch and attack two tiny terriers, I think it sees them as prey. The police were called and he said the old lady feared our tea cup terrier but she did deny it. He keeps saying we should have fencing and it's our fault but we have acres of ground which is impossible to dog proof to stop his lurcher getting in, it jumps! They reported us for having a goat so now we know it's livestock we are aware (thanks to him) we can report his dog to the police for worrying and tell him we can have it shot if it breaks in again (not that we would in any way)
I've never had issues like this before, he's put roofing on his outbuildings near boundaries leaving them to overhang by a few feet without guttering so it cascades onto our ground, the dogs love the mud!
All in all, I actually hope he wins the lotto to move out!

Collaborate
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Re: Is fencing required by law?

Post by Collaborate » Wed Nov 06, 2019 4:50 pm

fernlady wrote:
Wed Nov 06, 2019 2:53 pm
It is the same people with the septic tank. His dog has got into our garden twice and attacked two separate dogs of mine. He has admitted one attack (however he cherry picks bits of the bill he won't pay for such as an infection after surgery, it was a bad attack) the second attack he says is my fault as we have no secrue fence even though it was also on my land (I witnessed both attacks, he did not as his 85 year old mother was walking their lurcher who ran through the hedge on an extendable lead and pulled her over injuring her hand - I did make sure she was ok and helped her up) but he says it was outside our boundary which is not true, my husband had to remove my tiny terrier from it's mouth as it was doing the death shake and she really is minute. We have lived next door to the old lady for 30 years with no issues, her daughter and son in law have moved in and it's gone potty (literally) as they have no money and are trying not to pay for anything. His lurcher has been in many times after my goat (which is safely behind stock fencing along with our chickens) but he has had to keep coming to get it, luckily until the attacks our dogs weren't out but the last twice it did catch and attack two tiny terriers, I think it sees them as prey. The police were called and he said the old lady feared our tea cup terrier but she did deny it. He keeps saying we should have fencing and it's our fault but we have acres of ground which is impossible to dog proof to stop his lurcher getting in, it jumps! They reported us for having a goat so now we know it's livestock we are aware (thanks to him) we can report his dog to the police for worrying and tell him we can have it shot if it breaks in again (not that we would in any way)
I've never had issues like this before, he's put roofing on his outbuildings near boundaries leaving them to overhang by a few feet without guttering so it cascades onto our ground, the dogs love the mud!
All in all, I actually hope he wins the lotto to move out!
He's not allowed to overhang on to your land or discharge his guttering on to your land. He must really be trying your patience

cleo5
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Re: Is fencing required by law?

Post by cleo5 » Wed Nov 06, 2019 5:49 pm

It is his responsibility to ensure his dog is under control and not trespassing on your land.
Neighbours mother will naturally take his side as she haa to live with him!
Try to speak to her privately and tell her of your concerns .


Goats, sheep, swine, cattle, horses etc are regarded as livestock.
Dogs are considered " property"

If his dog strays onto your land , catch it and tie it up securely. Then call the dog warden to remove it.
Did a prosecution ensue over the sewage leachate on your land?

arborlad
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Re: Is fencing required by law?

Post by arborlad » Thu Nov 07, 2019 8:19 am

fernlady wrote:
Wed Nov 06, 2019 2:53 pm
it was a bad attack) the second attack he says is my fault as we have no secrue fence even though it was also on my land (I witnessed both attacks, he did not as his 85 year old mother was walking their lurcher who ran through the hedge on an extendable lead and pulled her over injuring her hand - I did make sure she was ok and helped her up) but he says it was outside our boundary which is not true, my husband had to remove my tiny terrier from it's mouth as it was doing the death shake and she really is minute. He keeps saying we should have fencing and it's our fault but we have acres of ground which is impossible to dog proof to stop his lurcher getting in, it jumps!



The neighbour is completely wrong and it is another situation that you can't allow to continue, how long is the boundary between yourself and the neighbour, are there any sections of it that you would consider dog-proof? One solution would be for your neighbour to supply the materials and you supply the labour to make his land dog-proof. The placement of the fence must be given very careful consideration to avoid any possibility of future boundary problems.
arborlad

smile...it confuses people

arborlad
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Re: Is fencing required by law?

Post by arborlad » Thu Nov 07, 2019 8:35 am

cleo5 wrote:
Wed Nov 06, 2019 5:49 pm
It is his responsibility to ensure his dog is under control and not trespassing on your land.
Neighbours mother will naturally take his side as she haa to live with him!
Try to speak to her privately and tell her of your concerns .


This would seem to be a good approach - given the circumstances.
arborlad

smile...it confuses people

arborlad
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Re: Is fencing required by law?

Post by arborlad » Sun Nov 10, 2019 9:40 am

fernlady wrote:
Tue Oct 22, 2019 12:58 pm
.............. our neighbour insists we should fence our land completely as he insists my dogs are livestock. Is he right?



The neighbour is absolutely and completely wrong. Now that we have a more complete story, how does he view his own dogs?
arborlad

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