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Fence ownership/ stockproof liability

(1 Post)
Freefalling123 Sat 13-Aug-16 18:52:56

Hi, bit of background. We own a property with a large two part back garden, and there is a pony paddock behind the second gardenowned by a local landowner, and rented out to a lady with horses.

When the previous owners of our house lived here, they bought the second part of the garden I refer to (imagine a large back garden by the house, with a screening of trees at the bottom, and a ten feet wide walkway leading to a large second garden).

I have all our pre registration deeds, and therefore am fully aware that the fence between our second garden and the paddock is ours. It's post and rail, with sheep wire below - we replaced it around 10 years ago, it had previously been rusty barbed wire, and as the kids played down in the second garden I wanted it safe. At the time a friend of mine rented the field and was happy with the change.

We now have an issue with the lady renting it now saying the fence is unsafe and we need to replace it. It's standing upright, couple of broken rails but not jagged, couple of wobbly posts, which she has propped and cable tied. Got no issue with this.

My understanding is that it is her liability to keep the fence stock proof as it is her animals in there? We have no animals btw who could get through the other way.

I really don't want to have to repair and replace the whole fence - it's probably around 50 metres total, when it is a perfectly set boundary. As a previous horse owner myself, I would have no issue with the fence, and actually would want to ensure my animals didn't get through by doing maintenance, as we mow the second garden and therefore wouldn't want horses eating cuttings which are dangerous to them. Note - they can't stick their heads through to eat the cuttings as it is at present.

Thoughts welcome! Thank you

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