wandering horses

bugsntinas

don't know if this is the right place to ask but i'll try anyway.
the person we bought out cottage from has a field next to us which i beleive he rents out to people to keep horses in.now over the last 5 years most of the horses end up on our property which is bliming annoying.part of our garden is still kind of field but i get up there with the lawn mower as i'm slowly trying to get into a garden.as you can imagine it's so annoying to go out there and find a horse,which has been the case the last few days,in there pooing everywhere,when i have kids,eatting everything in sight.
i'm worried about the fruit trees and the veg patch also the fir trees that are growing.also all the holes that are being left everywhere due to the ground being soft.now my question is who is responsible for keeping the horses where they are supposed to be?is it the horse owner or the field owner?they have electric wire up,not connected,and the horse just runs into it and breaks it.there is no deviding fence of any kind between the 2 properties of which the owner is responsible.if someone can help i'd be very grateful as it's driving me mad.

Procrastastudy

Can't give legal advise as per charter and my own lack of qualification to do so - shame this isn't a hypothetical as then I could spout all kinds of things about nuisance that may or may not be accurate. Such as once you have property damage it's actionable per se and I would assume quite easy for a solicitor to make very threatening noises.

I would also go an look to see if I could dig out who it was you'd go after - the classic default position is everybody. All that said I can't because it's not a hypothetical

bugsntinas wrote: »

i'm slowly trying to get into a garden.as you can imagine it's so annoying to go out there and find a horse,which has been the case the last few days,in there pooing everywhere

You'll be glad of it once you start planting stuff I have many fond memories of 'going for a drive' with Dad only to find out later we were picking up massive bags of sh!t for his allotment - ah those where the days...

slimjimmc

bugsntinas wrote: »

don't know if this is the right place to ask but i'll try anyway.
the person we bought out cottage from has a field next to us which i beleive he rents out to people to keep horses in.now over the last 5 years most of the horses end up on our property which is bliming annoying.part of our garden is still kind of field but i get up there with the lawn mower as i'm slowly trying to get into a garden.as you can imagine it's so annoying to go out there and find a horse,which has been the case the last few days,in there pooing everywhere,when i have kids,eatting everything in sight.
i'm worried about the fruit trees and the veg patch also the fir trees that are growing.also all the holes that are being left everywhere due to the ground being soft.now my question is who is responsible for keeping the horses where they are supposed to be?is it the horse owner or the field owner?they have electric wire up,not connected,and the horse just runs into it and breaks it.there is no deviding fence of any kind between the 2 properties of which the owner is responsible.if someone can help i'd be very grateful as it's driving me mad.

You own the cottage and the garden so, on a purely practical level, why don't you put up a fence around your own property (inside your boundary line of course). While the other party should ensure no escapees from their land I would have thought that protecting your property is your responsibility. Am I wrong?

Procrastastudy

Can you be contributorily nusanced?

jblack

Normally a landlord will not be liable for the actions of his tenants in nuisance, there is an exception where the landlord leases the land for the purpose of creating a nuisance or the nature of the object of the lease is such that a nuisance is created.

Victor

jblack wrote: »

Normally a landlord will not be liable for the actions of his tenants in nuisance

Landlords of residential properties are somewhat responsible if it extends to anti-social behaviour.