Neighbour and horses

[poppoppop100]

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

If worried stick an electric line on the far side of the fence.

There isn’t much in terms of fencing that is genuinely horse proof if they take a notion that they want to be on the other side. Ours has been known to jump between fields with five foot electric fences just to try different grass.

So if I the boundary I maintain is a neatly trimmed, healthy and dense yew hedge, and you then put horses on your neighbouring property, I am responsible for keeping your horses safe?

What do your deeds say OP? Do they specify anything about the nature of your boundary? Is it like a PP's situation, where they specifically have to maintain a cattle-proof fence?

Ah, that's nice Ivanna. My parents sometimes have beautiful horses in the field by them, even with the 5am whinnying they love watching them. Always a disappointment when the orcs texel sheep move back in

There was a similar grumble on a DIY newsgroup I use a few years back. I know quite a few people suggested planting privet ...

The fencing required to keep animals in is the responsibility of the owner of the land on which the animal is kept. So if my property includes a low or tumbled down drystone wall and you decide to keep sheep in the field next door, it is your job to erect fencing to keep them in.

Snapsnapsnap, I had to chuckle at the orcs comment, I knew it wasn't just me who found texels hideous

Her horses, her responsibility to keep them in.
We have twatty horse people next door whose field backs onto 10 properties and due to their piss poor attitude multiple conifers have been planted which is bad for horses. Were lucky that we had an established hedge and were simply growing it taller.
She needs stock proof fencing and ideally 1 metre in from yours to prevent them leaning into your garden to do damage and eating any plants that may upset their tummies.
Any responsible horse owner would insist on double fencing as it also reduces the crap people feed horses.

Do your deeds actually specify that you have to provide some for m of boundary treatment?
Most deed just indicate which boundary you are responsible for - they don't state that it has to be fence/wall/hedge (or anything). It's just convention that we normally separate our own property from other peoples'.

I think it is the animal owner who has the responsibility of keeping the animals within her land. Apart from anything else I would have thought most animal owners would be concerned for the welfare of the animals, and not want to rely on neighbours to ensure that hte animals cannot get into areas which may be dangerous of have harmful plants etc.

there are some interesting comments on here ;)

your deeds and a responsibility to maintain the boundary is exactly that - you can choose to have a fence / a wall / a hedge / nothing - and you maintain it... it is your boundary...

her responsibility to keep her horses in is separate and she will (as others have said) need to put her own fencing within the field...

the New Forest example above is a red herring as they have their own local rules...

if your neighbour opened a wildlife park and put in Rhinos / Lions / etc. would you be expected to put in suitable fencing of course not - your need to maintain your boundary doesn't trump her responsibility for her livestock...

OP - you've had some "interesting" advice from people who don't know what the law is.

Firstly, unless you were the original party to the deed that created the obligation to fence your land, the positive covenant (for that is what it is) is unenforceable against you.

Secondly, as some posters have pointed out, you are only responsible for maintaining the boundary. I'd have to see the wording of the deed, but you can put up the flimsiest fence possible and that would suffice.

Your neighbour is in the wrong. They have a duty to keep their horses on their land and will be responsible for any damage they cause to your fence.

Thank goodness for Collaborate . I am happy to be corrected on this issue

Christ, so much bad advice on this thread!

Firstly, unless you were the original party to the deed that created the obligation to fence your land, the positive covenant (for that is what it is) is unenforceable against you.

This isn’t necessarily true, many obligations run with the land regardless of the owner.

Secondly, as some posters have pointed out, you are only responsible for maintaining the boundary. I'd have to see the wording of the deed, but you can put up the flimsiest fence possible and that would suffice.

This depends on what the deeds say - do they specify the boundary required?

Either way I actually think you’re right that it’s your neighbour’s responsibility to ensure her horses are kept in a secure, safe place. If you own the fence though she can’t replace it. I would suggest to her she uses electric fencing to keep the horses away from the damaged fence, and if it is your responsibility to maintain the boundary you can get that sorted when you’re able.

you can choose to have a fence / a wall / a hedge / nothing - and you maintain it... it is your boundary...

This is my understanding too - you can mark the boundary with Bamboo Sticks & String if you like.

It's her responsibility to keep her animals contained.

Isn't she worried her horses will wander off or eat something dodgy? Reeks of trying to shift the responsibility to me.

@Pachyderm1 This is lifted directly from Lexis: Unlike ‘negative’ or ‘restrictive’ covenants, the burden of a positive covenant does not ‘run with the land’ and so the promise cannot be enforced against subsequent owners or occupiers without structuring the transaction as a lease using one of the 'conveyancing devices’ developed for that purpose.

A covenant to maintain a fence is a positive covenant. Care to reassess your advice?

I agree that the wording of the deed can be important, but if OP is not bound by it the wording is irrelevant.

Half and half, I’d say. You should maintain the boundary but she should be responsible for her animals.

I hope she’s aware that’s she’s liable for damage done by the horses if they escape. Even if someone walks up to the gate and opens it, she’s still liable for them if they damage property or injure/kill someone. Let’s hope she has great liability insurance!

A simple solution would be some electric fencing on the inside of the boundary and turning the horses out without rugs for maximum effect. Doesn’t work on the most determined of horses, but most get the message pretty quickly!

LOLZ

All of the lolz.

As said up thread, maintaining the boundary may be your responsibility but HOW you do that is your choice. You can maintain that boundary by a neatly laid row of pebbles if you wish.

HER legal responsibility is to keep her animals in, and shes also responsible for any damage they do, which includes to your fence and to your property if they get out.

Tell her that if her horses come into your garden you will be charging rent at £100 per day per horse or part thereof (day not horse).

Your responsibility to maintain the boundary does not mean horse proof fencing. It means that you ensure that the boundary line is clear and it doesn't become ambiguous as to what land belongs to whom.

Maybe you should leave your garden gate open then if the horses were to knock down the fence then they could wander wherever they like. This might force her to take responsibility for her animals and put a fence up

I would never risk my horses going into someone's garden. So many plants are poisonous to horses.

The horses do reach over and chomp on our plants including our privet hedge as it is.

I'm a horse owner and I'm quite clear that owners of livestock are responsible for keeping them secure. There have been insurance cases that support this, when horses have escaped and caused accidents. She's one of those people who give horse owners a bad name.
I'd start by suggesting that she puts some adequate fencing inside her boundary as at the moment she's at risk of losing a horse or two as a result of privet poisoning. As others have said, electric fencing might do the job, but I think she should sort it out.

"So if I the boundary I maintain is a neatly trimmed, healthy and dense yew hedge, and you then put horses on your neighbouring property, I am responsible for keeping your horses safe? hmm"
I would be fencing my horses well away from the yew. Yew is deadly poisonous for horses - horses have been found dead with a stalk of yew in their mouth.