who's responsible for fencing?

bigtomw · 01-05-2015 2:00pm #1

Hi guys, I'm trying to lease out my land, and there is a guy interested, there is a section of my land which isn't really fenced, this guy is telling me it's the law that I as the land owner have to fence it, does anybody know if this is true,

Sam Kade · 01-05-2015 2:05pm

No such law exists. It depends is it a boundary fence or just a fence dividing fields?

bigtomw · 01-05-2015 2:06pm

Sam Kade wrote: »

No such law exists.

That's what I thought

Username John · 01-05-2015 2:08pm

If its a long term lease - then usually the guy taking it would look after the fencing. (in my experience anyways)

bigtomw · 01-05-2015 2:09pm

Yes it would be a long term lease

smokey-fitz · 01-05-2015 4:27pm

I think it is law to have a stock proof fence where roads are concerned. If you had no fence, cattle get out, your liable and insurance wont cover you due to no fence.

You could always meet him half way with cost. And get a good fence. It will stand to you after the lease.

ganmo · 01-05-2015 5:14pm

smokey-fitz wrote: »

I think it is law to have a stock proof fence where roads are concerned. If you had no fence, cattle get out, your liable and insurance wont cover you due to no fence.

You could always meet him half way with cost. And get a good fence. It will stand to you after the lease.

I would of thought the stock owner would be liable rather than the landowner

If it is a long term there deal there would be a benefit to both

Justjens · 01-05-2015 5:30pm

If you own it fence it, then it's up to the tenant to maintain it.

No point it worrying about who is legally responsible, waste of time IMO.

dohc turbo2 · 01-05-2015 5:43pm

If the lad renting it puts up a fence if it's In His agreement to put up and maintain fence he can take down when he finished so u would be back to square one , id put if up if was me cause u will be looking for him to pay his rent , no point starting off on bad terms

Miname · 01-05-2015 5:57pm

If he's nit picking over a bit of a fence and trying to bluff you then is he really the sort of tenant you want.

ulleJ1 · 01-05-2015 8:59pm

You wouldn't rent out a house with no doors or windows in it!
If the land is been rented to graze livestock it should be fit for that purpose...

mf240 · 01-05-2015 9:42pm

Id be slow renting land that wasnt fenced.

Its hard to do a nice job when you dont own it.

It would be worth more if it was fenced imo.

Nettleman · 01-05-2015 10:36pm

If tenant cattle broke out to a neighbour, because of poor or nonexistent fence, bulled his cow or brought bvd pi or johns disease or lepto to a neighbour who has free status, that would be a whole lot of trouble to sort out for all . Fence the land properly and charge accordingly.

lab man · 01-05-2015 11:22pm

When leasing land the owner is supposed to have the land stock proof as the tennant could lose some of his./ her sfp and water also has to be supplied as its in accordance with good husbandry simple as that op .

Base price · 02-05-2015 12:16am

ulleJ1 wrote: »

You wouldn't rent out a house with no doors or windows in it!
If the land is been rented to graze livestock it should be fit for that purpose...

In this case it is not a house. The legislation regarding housing for both landlord/tenants is pretty much cast in stone including registration with PRTB, etc depending on circumstances.
At the end of the day if you are offering land on a long term lease then in my opinion it is up to the potential tenant to either accept or reject the conditions of the land that they view and the conditions of the said lease.
However - both landlord and tenant can come to a legal arrangement over fencing, water, gates, shooting/fishing rights etc

dodo mommy · 02-05-2015 12:23am

It drives me mad when folk don't fence their lands I say fence it and have respect for ur neighbours.

frazzledhome · 02-05-2015 6:50am

lab man wrote: »

When leasing land the owner is supposed to have the land stock proof as the tennant could lose some of his./ her sfp and water also has to be supplied as its in accordance with good husbandry simple as that op .

Absolutly no obligation on Landlord for any of the above. The tennant accepts as is and is responsible for the control of his livestock and pay accordingly.

I would however recommend you get a professional fencing job done with it clearly stated that he maintains the fence. Get a good tennant (not always the highest price) and you'll have peace of mind. If you go for a 5 yr lease your income is tax free and the least you could do is have it in good order fence wise

MANSFIELD · 02-05-2015 9:19am

Username John wrote: »

If its a long term lease - then usually the guy taking it would look after the fencing. (in my experience anyways)

Yes usually ,unless he is a mean tight fcuk.

dzer2 · 02-05-2015 9:42am

I have 2 field away from the main farm I have them fenced and have a water supply only 10 Acs. I puts slurry on every yr. I never have to advertise, there are abundance of lads looking for them. 1 lad has had them for the last 4 yrs and he rings when he takes the cattle home so I can give them a coat of slurry. Works for him and works for me

frazzledhome · 02-05-2015 9:45am

MANSFIELD wrote: »

Yes usually ,unless he is a mean tight fcuk.

So right, I've a farm leased and the farm next door is also leased but the fecker has no fence at all. The same guy has sucklers and sheep. We've ours fenced with 2 strands of electric fence, all I said to him was don't have the sheep loosening our fence. I don't know how he manages it but only 1 animal has ever come in

Greengrass1 · 02-05-2015 9:45am

We took ground last yr and refenced alot of it alot of the wire and electric gate handles were there and majority of stakes were there just needed to be pulled up and put back down.

Dad spent 5 days with hedge cutter trimming back 35 ac and we fenced a field everytime it was needed which was every week nearly.

The heifers started crossing bounds then into neighbour so land owner bought the wire for it and we bought the stakes stakes and spent a week fencing off river. When job was done landlord came and paid us the price of the stakes.
at the end if the day we were only down our time and diesel fencing it.
It's as important to me to not have stock wandering because it ruins them for life as it is to landlord she doesn't want to fall out with neighbours and I don't want to fall out with any body.

joejobrien · 02-05-2015 7:18pm

Please note. Current situ here.A problem that can present its self..the fu**king landlord wont allow us back to remove our electric fence after he gave it to a higher bidder, after been verbally told we had for 2015 same as per last year. 3 yr done no issue on either side. all monies payed up front. Going to take a while to get sorted here. I know its a rear occurance but there is always bad apples

Sam Kade · 02-05-2015 7:30pm

joejobrien wrote: »

Please note. Current situ here.A problem that can present its self..the fu**king landlord wont allow us back to remove our electric fence after he gave it to a higher bidder, after been verbally told we had for 2015 same as per last year. 3 yr done no issue on either side. all monies payed up front. Going to take a while to get sorted here. I know its a rear occurance but there is always bad apples

I had land taken from a relation one time, he didn't want anyone else in there. A few years later he was going into an old folks home and said out of the blue that he wanted the cattle out as he was going selling the place no notice whatsoever. To make matters worse I got locked up with tb around the same time :mad:

who's responsible for fencing?

Comments