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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Neighbour and horses

47 replies

poppoppop100 · 21/12/2018 08:32

She keeps horses in the field at the bottom of our garden. According to the title deeds of a house we are responsible for maintaining that boundary. We have a fence there but it is beginning to lean a little. She called round to say that she could not be responsible for any damage her horses did if they pushed over the fence and got into our garden. I believe it is her duty to keep her livestock in not our Duty to keep them out

OP posts:

fessmess · 21/12/2018 08:34

I have no idea but was stuck by how some people have problems I could never imagine having! My guess is you and fence is the key x

Foxyloxy1plus1 · 21/12/2018 08:38

Wouldn’t it be easier to ensure the fence is secure. If it’s secure either the horses won’t be able to damage it, or if they do manage to, you can demonstrate that you had done everything possible to maintain the fence.

It’s her duty to ensure her livestock don’t damage property, but that depends on the security of the boundary, which you have said is your responsibility.

GreatDuckCookery6211 · 21/12/2018 08:38

If the horses can get in your garden because the fence is leaning then yes it's your job to fix it as you are responsible for maintaining the boundary. Who owns the field?

BadgerSandwich · 21/12/2018 08:38

As far as I know, your legal duty to maintain the boundary trumps the owner's liability for straying. If it was the owner's fence that was damaged resulting in the straying, it would be their liability. This is my reading of the animals act 1971, but I'll admit it's not an issue I'm super familiar with!

TwitterQueen1 · 21/12/2018 08:40

Yes, YABU. It's your fence so you should maintain it. She's simply saying that since the fence is obviously old and bit knackered her horses may push it or lean into it so that it falls over and then they may trample your garden, and if they do, it's not her fault. It may happen, it may not - horses aren't malicious or dangerous...

Your fence, your problem. Just fix the fence!

m00rfarm · 21/12/2018 08:41

I disagree, I have horses, and a determined horse can easily push over a substantial (normal) garden fence. The owner of the horses needs to put another fence inside of your fence to stop the horses from leaning across it. They will lean as your garden grass will look way more inviting that hers. She could use electric fencing over this part of the fence if necessary. Irrespective of whose legal fence it is, it is not your responsibility to contain her horses. As long as the fence is in normal condition (having not been already damaged by her horses) then you are fine.

HumptyNumptyNooNoo · 21/12/2018 08:41

My DH would probably suggest a sign saying 'any animals entering our garden may be shot and BBQ'ed ' but I'd probably opt for just replacing the fence with something horse proof. ( I'm a peace keeper type I guess).

m00rfarm · 21/12/2018 08:42

To continue - we have had horses knock down breeze block walls, push down stable doors and wreck both post and rail fencing and also wire livestock fencing. It is just the way they are. No way is a non horse owning resident responsible for keeping a neighbours horse out of their garden!

Fireinthegrate · 21/12/2018 08:42

You said it yourself in your opening post.

You ae responsible for maintaining the boundary, so get your hammer out and repair the fence.

Simple.

m00rfarm · 21/12/2018 08:43

It is NOT just a matter of fixing the fence. Horses need professional fencing - and why should the OP be responsible for that? What if the neighbour decides to keep elephants - is the OP responsible for keeping them safe as well? Where does it stop!

ADarkandStormyKnight · 21/12/2018 08:43

Good fences make good neighbours...

I’d say that while you are responsible for the fence she should take steps not to cause damage. Not sure where that sits legally. Could she string up some tape to stop the horses getting up to the fence?

If the horses got onto your land would she pay for the damage?

Could the horses get out onto the road via your property?

UnicornSlaughters · 21/12/2018 08:44

Fix the fence. Easy peasy.

BreakfastAtSquiffanys · 21/12/2018 08:44

Are her horses shortening the life span of the fencing by pushing against it repeatedly?
It would be a nice if she offered something towards the cost of the new fence

Cuttingthegrass · 21/12/2018 08:50

Electric fencing would be the easiest to install especially if the fence looks ok but is just getting weakened as the horses are leaning against it

flumpybear · 21/12/2018 08:54

Your fence so you need to maintain it, but if her animals are ruining it rather than it just being old and needing replacing them she should do the neigh-Bourly (see what I did there 😆) thing and sort the non-wear and tear maintenance

If it was my paddock I'd just put fencing around myself to keep my animals safe but I guess that's just me

Shamalamalam · 21/12/2018 08:54

You’re responsible for the fence, but if I were her I’d put a line of electric tape her side of the fence too.

DD has a pony who is a little sod for wrecking fences - she leans on them and has trashed the post and rail fence in her paddock trying to get into the neighbouring cow field.

WhatToDoAboutWailmerGoneRogue · 21/12/2018 08:55

YABU. Your title deeds say you are responsible for that boundary, so if your fence is insufficient, you need to address that.

TheViceOfReason · 21/12/2018 08:56

I have horses and would be very pissed off with someone with her attitude. What may be a perfectly strong and acceptable garden fence is NOT horse proof. Horses will lean against / rub and stretch over fences and the most solidly dug in strainers will soon start to lean.

I've spent a fortune fencing my land with horse suitable fencing but the sods have still broken 2 wooden posts, slackened a stretch of (mains electrified) wire and broken many plastic electric fence posts.

However.... if she doesn't give a shit about her horses escaping / rampaging round your garden, then i'd suggest buy a roll of electric fencing tape (www.farmcareuk.com is about the cheapest), a few screw in fence insulators and a small battery energiser and put a line of electric fence on the top or far side of your boundary. This will cost under £100.

Fucking annoying as really she should be doing this - but it will be much cheaper than constantly repairing / replacing a normal fence, or a potential legal situation if her horses break the fence and escape (I would hope you would not be liable in this instance, but probably better safe than sorry).

MollyHuaCha · 21/12/2018 08:57

As pp said, horses can wreck fences and walls that would otherwise not need repairing.

If she will not put up a secondary boundary fence, I would suggest you pay for electric fencing.

Junkmail · 21/12/2018 08:57

Fix the fence if it’s your responsibility but she should really be double fencing her horses if they are backed onto someone else’s property. You could fix it and then point that out to her.

IvannaBeAlone · 21/12/2018 08:58

My deeds say I'm responsible for maintaining a cattleproof fence. There are horses in the field now, not cattle. The cows never seemed bothered but the horses lean over and eat anything they can reach. I'd plant a row of conifers but I do like watching them.

JellySlice · 21/12/2018 08:58

Why is it, then, that dog-owners are expected to take action to keep their dog out of the neighbouring gardens, regardless of whose boundary it is?

Why is it, then, that if your child, pet or employee damages the neighbour's fence you are expected to bear the cost of repairing it?

The OP is responsible for maintaining a garden boundary, not for controlling livestock. The neighbour is responsible for controlling her livestock.

veggiepigsinpastryblankets · 21/12/2018 09:09

Surely if it's your fence she should be paying for the damage her animals are causing to it?

Further to m00rfarm's point I'd be very surprised if it's the neighbouring farmers' responsibility to provide elephant-proof fencing when they're next door to a safari park...

SarahSissions · 21/12/2018 09:15

Depends on the state of the fence. If it is merely old and ricketty then yes you need to replace it. If it is leaning because her horses have been scratching on it or leaning over to graze from your garden then she needs to keep them away - a line of electric fence within the boundary will do the trick.
She sounds pretty irresponsible claiming you are responsible for the security of her livestock

PoshPenny · 21/12/2018 09:16

I live in the new forest and for the houses that are out on the open forest where the animals roam, the property owners are responsible for fencing their properties to keep the animals out. I've got horses myself in a field that backs on to some houses, I have a fence inside and all the properties have their own fences. They will lean over and help themselves to some plants. I have one who is very partial to bay trees. If the person rents the field, you might do better finding the land owner and speaking to them.

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