Damage done by cows

ali_d

I got home yesterday to see damage done by cows that got into our garden. no joke, but they went over every inch of our lawn, front and back, and some holes are so deep, I could stick my foot in them!!! There are also a few shrubs and trees that are destroyed and need replacing.
What I'm looking for help with is how to go about fixing it the right way without causing a huge problem. It's just grass, just want it fixed and move on with our lives!
The land is leased out to a 3rd party. The landowner had been called to our house when the cows got in and details of the auctioneer handling the lease were given to my aunt (long story, but myself and my husband weren't contacted at the time of the event, a neighbour called my aunt who lives nearby). I just want my garden looking tidy again and want no more than what was damaged to be rectified. Do I go to a solicitor? Do we contact auctioneer to get the farmers details and contact him? Do we get a quote for work to be done or should it be the farmer to organise?

listermint

Just speak to the farmer first. Verbally and ask him to put it right.

There is generally no need to go to Defcon 1 2 or 3 in these scenarios.

Tefral

<<mod deletion>>

Mod

A poor attempt at humour which could derail the thread

Homer

[QUOTE=Tefral;101477608

Mod
Post deleted. Poor humour which may derail thread

Tefral

Homer wrote: »

<<Mod deletion - poor humour, may derail thread>>

OP now that i see its COWS. We have a farm and other farmers in the area once or twice a cow might decide to jump a fence and get into a lawn. If you approach the farmer directly they will fix the problem for ya no problem.

ali_d

Thanks for responses and for not poking more fun at my expense. I did clearly say cows and am fairly upset at the situation. We will contact the farmer and go from there. Hope it can be resolved quickly and without hassle. I don't want to be a nuisance to anyone so just happy to get my garden back and for him to secure the cows in the field. Typical, this happened a couple of days before he was due to move them. Such is life I suppose!!

runawaybishop

ali_d wrote: »

Thanks for responses and for not poking more fun at my expense. I did clearly say cows and am fairly upset at the situation. We will contact the farmer and go from there. Hope it can be resolved quickly and without hassle. I don't want to be a nuisance to anyone so just happy to get my garden back and for him to secure the cows in the field. Typical, this happened a couple of days before he was due to move them. Such is life I suppose!!

Make sure you don't have an obligation to stock proof your own fence. This wouldn't be unusual.

ali_d

runawaybishop wrote: »

Make sure you don't have an obligation to stock proof your own fence. This wouldn't be unusual.

Who would know if we have an obligation or not? We'll address if needed.

ali_d

runawaybishop wrote: »

Make sure you don't have an obligation to stock proof your own fence. This wouldn't be unusual.

Who would know if we have an obligation or not? We'll address if needed.

Musketeer4

Talk to the farmer.
Suggest getting a quote from a proper gardener or landscaper to come in and rectify whatever is wrong.
I wouldn't accept letting the farmer or his son or something come in and "fix" things. They might do an OK job be the could equally well screw it up or do a bad messy job.

runawaybishop

It would probably be on the deeds

ali_d

runawaybishop wrote: »

It would probably be on the deeds

Don't think it is but I can ask my solicitor if it comes up

Musketeer4 wrote: »

Talk to the farmer.
Suggest getting a quote from a proper gardener or landscaper to come in and rectify whatever is wrong.
I wouldn't accept letting the farmer or his son or something come in and "fix" things. They might do an OK job be the could equally well screw it up or do a bad messy job.

Yeah, I do want it to be done to the standard it was at. It was by no means award winning lawn but was well kept. We'll see what the farmer says. I didn't get long to see it last night as it was dark and I'm more than useless when it comes to gardening so I don't really know what it will take to fix it properly!! Think I'll pass it to hubby to look after it now. Just wanted to know what the first step was.

GM228

runawaybishop wrote: »

Make sure you don't have an obligation to stock proof your own fence. This wouldn't be unusual.

The owner of cattle is responsible to ensure they can't escape the lands they are on, there is no requirement to stock proof your land to keep animals out bar one or two exceptions.

Also under the principles of Cattle Trespass there is strict liability on the owner when their cattle stray onto other lands with the exception of the acts of a third party which allowed them escape.

runawaybishop

GM228 wrote: »

there is no requirement to stock proof your land to keep animals out bar one or two exceptions.

Yes, such as the one i mentioned.

Pkiernan

runawaybishop wrote: »

Make sure you don't have an obligation to stock proof your own fence. This wouldn't be unusual.

It would be very unusual.

runawaybishop

Pkiernan wrote: »

It would be very unusual.

Really? I've seen it discussed a few times over in the farming section. I also believe my own fathers land has such an obligation where it adjoins the neighbour.

GM228

runawaybishop wrote: »

Yes, such as the one i mentioned.

That is not one of the exceptions to the requirement to fence animals out. It's an exception to the common law rule that nobody is required to provide or maintain a fence on their land and is limited to being a contract between two people under a deed - i.e a covenant.

runawaybishop wrote: »

Really? I've seen it discussed a few times over in the farming section. I also believe my own fathers land has such an obligation where it adjoins the neighbour.

A few issues arise with such covenants in Deeds, such as are they legally enforceable in the first place, has it passed to successor etc?

Is such a covenant a restrictive or personal covenant and would it pass the touch and concern legal test to be enforceable, even if legally enforceable I'm not sure breach of such a covenant could amount to negligence.

Also remember that such covenants are basically a contractual promise which exists between the land purchaser and whomever sold the land only - i.e two parties only, not anyone else. A contractual obligation to stock proof a fence does not take away from the fact that case law has provided that it is the keeper of cattle who must ensure their cattle does not trespass and not the owner of land to ensure they stay out - the few exceptions to this rule are when there is a statutory requirement to fence out animals (i.e a railway), where via agreement A specifically agrees with B to keep Bs animals out of As land (a covenant not satisfy that), or under common law where dangerous situations may be present such as a factory, mine etc who must fence out animals.

recedite

Musketeer4 wrote: »

I wouldn't accept letting the farmer or his son or something come in and "fix" things. They might do an OK job be the could equally well screw it up or do a bad messy job.

It would be better to let them fix it, and remain on good terms with them. Just be clear on what standard of repair is required/agreed to. If they think they are being taken to the cleaners over something small, there could be bad blood between the two families until the end of time.

R P McMurphy

recedite wrote: »

It would be better to let them fix it, and remain on good terms with them. Just be clear on what standard of repair is required/agreed to. If they think they are being taken to the cleaners over something small, there could be bad blood between the two families until the end of time.

Can easily be resolved by getting two or more quotes, keeps everyone straight. I would get someone in that knows what they are doing.