17 horses have just destroyed my garden!

darrenheaphy

We just chased 17 horses out of our garden, they came from a large field next door. Gutted, the garden is a mess

I'll try and figure out who the land owner is tomorrow, the horses only arrived today. I've two questions I need help with; is there a registry online one can use to validate who owns the land and secondly what recourse is available to me?

Seems reasonable to ask for money or labour to fill and repair the garden, what if he tells me hell no? What are my options then?

JustAThought

Seventeen???? Are there any clipclops around?

If the border of the field that had a gap also was the unsecured perimeter of your house/garden they might say it was a 50:50 split on the damages. Sounds a bit mad thou! Surely someone would know someone who was missing 17 runaway horses!!!

Where did they go? Did they just gallop off away like a herd of goats???

Samuel T. Cogley

The land owner might not be directly at fault, but there is a land registry you can check, not entirely sure how (Isn't there a rural and urban issue of some sort).

However once you figure out the party/parties you can use the small claims procedure if the damage is under €2,000. That should at least limit your legal bill to €25.

darrenheaphy

Thanks. Yeah, 17! They came in via a corner of their field which is unsecured. No fencing, mound of dirt on their side means a nice access ramp into our garden. We woke to the rolling thunderous sound of 17 horses running laps!

Worse thing is my partner mentioned it loads today and I said it would be fine, oops!

Tigger

Samuel T. Cogley wrote: »

The land owner might not be directly at fault, but there is a land registry you can check, not entirely sure how (Isn't there a rural and urban issue of some sort).

However once you figure out the party/parties you can use the small claims procedure if the damage is under €2,000. That should at least limit your legal bill to €25.

Small claims doesn't cover that

Samuel T. Cogley

Tigger wrote: »

Small claims doesn't cover that

http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/781D7D5227918A618025715C004CAEF3?opendocument

Type of claims dealt with

(a) a claim for goods or services bought for private use from someone selling them in the course of a business (consumer claims)
(b) a claim for goods or services bought for business use from someone selling them in the course of a business (business claims)
(c) a claim for minor damage to property (but excluding personal injuries)
(d) a claim for the non-return of a rent deposit for certain kinds of rented properties. For example, a holiday home or a room / flat in a premises where the owner also lives
provided that a claim does not exceed €2,000.

Jack the Stripper

Tigger wrote: »

Small claims doesn't cover that

Link to back this up.

Tigger

Jack the Stripper wrote: »

Link to back this up.

A link to prove a negative?

Samuel T. Cogley

Jack the Stripper wrote: »

Link to back this up.

Here you go.

And for tiggers benefit, see the thread to which that post belongs.

Parchment

Happened a few times over the years to my parents. Their house is surrounded by lots of grazing fields and cattle broke down a wall and destroyed their front garden.

Solicitors letter to the owner of the cattle and they were paid to have the garden reseeded and the wall fixed. Also it was ensured that the farmer put electric fencing inside the wall - the wall got knocked as the cows were scratching themselves off it!

It happened three times and the electric fence stopped it happening again. It's totally reasonable to get compensated for it. Go after the owner of the animals,

Bullocks

The owner of the animals should pay for damage and if they have farm insurance for wandering stock that would cover it . I dont like to stereotype but my experience of people that put horses into a field with bad fences mightnt be easy deal with or accept liability

listermint

Landdirect.ie sign in as guest.

Use map find folio pay five euro to get the registered land owner.

Parchment

Bullocks wrote: »

The owner of the animals should pay for damage and if they have farm insurance for wandering stock that would cover it . I dont like to stereotype but my experience of people that put horses into a field with bad fences mightnt be easy deal with or accept liability

This is a really good point. document all the damage with photos and call the Gardai if needed just to make a statement and have it dated.

whatnext

There is a specific piece of case law for this, but I can't remember the case. Covered it over well over 20 years ago in college. But this should help
http://www.irishexaminer.com/farming/analysis/karen-walshthe-many-legal-ramifications-of-damage-caused-by-your-animals-417697.html

http://www.irishtimes.com/business/commercial-property/straying-animals-getting-neighbour-s-goat-1.504706

Bellview

How long have you lived there as I'm surprised you don't know land owners. I'm a blow in to where I live and I know guy who owns land round my house. Generally farmers with cattlr are easy to deal with but depends on the class of farmer...

athtrasna

Mod note

Several inappropriate posts have been removed.

On another point please remember that legal advice cannot be given on boards, and there is a legal discussion forum if you want to argue about cases and judgements thanks.

darrenheaphy

Thanks all for your help. As you can imagine the horses left a fair bit of churned ground in the gardens. Turns out the fellow whose horses are in the field was very understanding, happy to pay any costs for expenses incurred (has public liability to cover such events) and is coming up to fix some fencing in place.