Boundary issues with a psycho

avs0020

I'd really appreciate some advice here. Our neighbour who sold out our plot has turned into the neighbour from hell. He is a sort of cattle farmer and we have bought a small corner of one of his cattle fields.

Question: Who pays for fence? Is he responsible for keeping cows in or are we responsible for keeping cows out? We have erected 2 fences and electrical wire to date in good faith but he's arguing they are not suitable (cows are destroying them by having a hearty rub every time they have an itchy flank). There was nothing in our deed of sale and no verbal agreement but having paid twice now we thinks its his turn.

We've also had to construct a gate and fence on the front of the property (street side) to keep his cows and a pony out as they all have wandered the roads on occasion, and more recently to keep his greyhound out as it runs free off leash with a muzzle flapping around the throat that had come loose - comes in to our property and chases our cats.

Every day I fear going home to see what might have happened to our property whilst we were at work - injured cat, decimated garden or, as relationship deteriorates further, damage and vandalism.

Any advice? Thanks++

Carawaystick

you could ring the dept of ag but I'd say they'll say the animal owner needs to mind the animals

dats_right

Carawaystick wrote: »

you could ring the dept of ag but I'd say they'll say the animal owner needs to mind the animals

Why??!! The Dept. of Agriculture will inform the OP that this has absolutely nothing to do with them and that it is a civil matter. There is no evidence of cruelty to the animals by the farmer, rather it seems just like the usual hazards and realities of country life. Nothing the OP has said would lead one to conclude that the farmer is a psycho, but in any event the best course of action to resolve matters is to make an appointment to see their solicitor. I would have thought the one who acted for you in relation to the purchase would have a solid knowledge of the title and boundaries, etc. and thus be able to help. The rules governing animal torts are archaic and difficult to explain, that's another reason why you should contact your solicitor. In all likelihood some sort of agreement can be reached regarding the fence, and by the sounds of it you are novices to the country ways so why not ask the farmers advice on the most appropriate fence that is fit for purpose. In all likelihood these problems can be easily resolved at this stage before they escalate.

NUTLEY BOY

You would be wise to consult your solicitor to clarify your rights and obligations before doing anything further as these situations can turn messy and nasty.

Random thoughts ;

Boundary definition problems alone can be quite complex.

I am not sure that there is a general obligation to erect a fence.

Technically, his cattle are trespassing when entering your property. Be sure that no right of way or other rights were retained by him as part of what was conveyed to you. Your title deeds might give your solicitor some information on this.

Additionally, you need to put a stop to this situation soon as you do not want to cede implied rights to your neighbour. Put another way, the more you acquiesce in the face of repeated trespasses the more you might be regarded as consenting to them happening.

I am not old enough to remember it but some wise person once said something about high fences or good fences making for good neighbours ! How true...........:)

pakalasa

Reminds me of the saying - Good fences Make Good Neighbours.

A good fence is the answer. I gather from what you said that you are not from a farming background.
As a farmer I have some experience of this. I have approx 5 dwelling houses bordering my farm. Barb wire is the best fence of all. Electric wire also works but cattle always seem to figure out when the current fails. Ideally you will need good concrete posts. It is well worth the investment and if done properly will last a lifetime. You can put plastic mesh or whatever on the inside to protect kids etc from the barbs.

One bit if advice, don't fight with your neighbour. Word travels fast in the country. You'll get known as a bit of a crank!!!!!!

There is an understanding also that cattle will break out, it's part and parcel of living in the country. Everybody helps to get them back in also. Good neighbours and all that!!!!!!

Johnny Utah

Have you ever seen "The Field".......


Bull McCabe: There's another law stronger than the common law.
Father Doran: What's that?
Bull McCabe: The law of the land.

Mailman

roll of barbed wire and fence posts; problem solved.
cheapest solution too.
Cattle will break out if there is grass to be eaten.

A farmer who lets his livestock graze the long acre is a bad farmer and will be known for it locally soon enough but it's still up to you to ensure they don't trespass on your property.

Tester46

Mailman wrote: »

roll of barbed wire and fence posts; problem solved.
cheapest solution too.
Cattle will break out if there is grass to be eaten.

A farmer who lets his livestock graze the long acre is a bad farmer and will be known for it locally soon enough but it's still up to you to ensure they don't trespass on your property.

Not necessarily true. A farmer who does not control his animals and lets them cross out of his land into a neighbour's land where they cause damage would have legal liability. That said, you should exhaust all chances of resolving this amicably first even if you have to swallow your pride and spend money on fencing.

I don't know if you are local to the area, but presumably the farmer who sold you the site is. If you get into a row with him, you could find the locals siding with him (unless he has a reputation locally). If it was me, I would keep quiet, build a good fence as suggested in the above posts and minimise any contact with the farmer. If he just keeps causing problems no matter how reasonable you are, then contact your solicitor.

Hagar

You might want to consider an electric fence. Cattle won't rub against it and knock it down. Erect suitable signage to inform passers-by that it is electric.

Our man in Havana

You need a good powerful electric fence. Don't buy the cheapest one. Cattle can withstand some of the less powerful ones.

pakalasa

I've never seen an electric fence used on it's own as a boundry fence.....never. They are only used on their own as internal fences.

Look.......for the price of an electric fence (they are not cheap) you could put up a decent barb wire fence with concrete posts.

me_right_one

Build a 6 foot block wall with 9 inch cavities, an inch or two YOUR side of the boundary such that the outside of it belongs to you. Put a capping on it so as not to injure any animal that might try to jump over it. Have plenty of piers in it to strengthen it if the cattle scratch against it. Whatever it costs, it will be well worth it.

I have to say I'm with the farmer on this one. He cant control what his animals do. Its up to you to prepare for country life if you choose to live there.

Now go and watch deliverance

m5ex9oqjawdg2i

Misleading heading OP... I dislike that in a person....