My whole summer's work in garden ruined my neighbours cows

Ginger83

Ian pilcher wrote: »

Hi and thankyou to everyone that reads this.
We moved to Ireland and eventually bought a place that was a mess unlived in for 4 years with a acre. I've been fighting brambles etc the whole summer and was finally getting it under control to the point we could keep over half of it under control with a push lawnmower.
I got a pic from my fiance at work tonight of our whole garden trampled by cows. We have a couple of farmers near us with cows but only one who walks them past our house who puts the chain up and down. I don't feel like I should have to chain myself in 4 times a day as I work splits. He obviously forgot to put the chain up today and his cows have trampled our garden and hasn't even come by, but left us to find this gutted doesnt even come close. My whole garden is ruined. I can't even control the brambles with are push mower it's that bad.

I would like to no 2 things
1. Is it possible to prove it was him as my fiance heard him passing and stopping for a period so we no it was him just never saw it. He has all the tractors etc to make it right. But I can't see this going to well if he did that! But that is all we want. For him to put it right (we will be knocking on his door tomorrow).
2. As I have spend alot of time fencing a portion of my land off as the farmers can shoot my dogs if their on his land which one would. Hench the fence. Can I shoot their cattle if they trespass on my land as I'm looking a €1000s already in damages that I don't have. I've tried researching this tonight but cant find any answers. As far as I'm concerned if he was as sneaky as to try to hide it as being him then I have no problem with the latter if it gets nasty. But I want to make sure;God hopping it don't get that far. But am I legally ok to do this if their causing me financal damages and their cows are trespassing as he can blatantly do with my dogs.

In short what are my rights as a home owner and what actions am I allowed to take if I find cattle on my land as his rights seemed to be covered with his cattle on his land?
Obviously I'm upset at the moment but I want to no where I stand.
Many Thanks

OP we had 3 horses break out of a field near us. Our gate was open and they ruined a newly laid lawn. We held onto them until the owner was located.

He came to take them away without so much as looking at damage or an apology so i said hey buddy i expect this lawn to be fixed.

Got the no bother answer, gave it 2 weeks and no effort made, couldn't get hold of him, always out or busy so i went to his one night and told the wife i had a landscaper booked to relay the whole lawn and to expect a bill.

He was at ours at 8am the next morning.

Most farmers/landowners are 100%, a few think they're above the law and own the place but when they think its gona cost them they are very approachable.

Pygmy Shrew

As far as I know it is the property owner who has the obligation to maintain stockproof fencing and gates to prevent animals straying in off the road. I had reason to enquire about a similar matter in the last few years and this is what I was told.

freedominacup

Pygmy Shrew wrote: »

As far as I know it is the property owner who has the obligation to maintain stockproof fencing and gates to prevent animals straying in off the road. I had reason to enquire about a similar matter in the last few years and this is what I was told.

The stockproof fencing is a bit like the one about my judgement and the witnesses. I'd rather be covered for the liability. One man's stockproof is another man's sceach in the gap and two bits of baler twine. A couple of sites on land we bought have post and rail fencing on their boundaries. We put a stockproof fence outside this because p&r fencing is nothing more than a scratching post to cattle. We lose nothing by it as the cattle can graze into the edge of the p&r by reaching under our fence.

Ginger83

Pygmy Shrew wrote: »

As far as I know it is the property owner who has the obligation to maintain stockproof fencing and gates to prevent animals straying in off the road. I had reason to enquire about a similar matter in the last few years and this is what I was told.

I would have thought the onus was on the animal owner to have control of his/her animals.

Lets say you are driving along and meet cows on the road coming from milking so you stop to let them past but 1 damages your car.

What happens then?

freedominacup

Ginger83 wrote: »

I would have thought the onus was on the animal owner to have control of his/her animals.

Lets say you are driving along and meet cows on the road coming from milking so you stop to let them past but 1 damages your car.

What happens then?

Usually a claim against insurance. Farmer should be covered if he has adequate numbers of experienced people herding the stock but in practice claims are paid.

Ginger83

freedominacup wrote: »

Usually a claim against insurance. Farmer should be covered if he has adequate numbers of experienced people herding the stock but in practice claims are paid.

Fair point, we've a farm locally where cows leave parlour and walked unattended 300-400M down the road to a field.

gctest50

Ginger83 wrote: »

........

We knew a guy who's wife had a pup, she doted over this yolk like a child. It wouldn't harm a fly but used to pop into a nearby field to pee, etc.......

Why would you let that happen on a repeated basis ?

A farm is basically someones giant open-air factory - you wouldn't crap on the floor of the local factory if they were having an recruitment day ?

Laura Higham, a veterinary surgeon at Food Animal Initiative (FAI), believes neospora is an underrated threat to the farming community, telling me it's the "leading cause of abortion in cattle in the UK." Higham herself has experienced first-hand the devastating consequences of an infected herd, as the cattle reared on the commercial beef farm at the FAI were affected by the disease earlier this year.

When dogs **** in farmer's fields and pregnant cattle graze on the grass, they ingest the parasite, causing them to abort or give birth to calves infected with the disease for life.

"Around 5 percent of our cattle aborted this year due to the disease, and it is estimated by DairyCo to cost the average herd £3,000 per year due to abortions, reduced milk yields, and poor fertility," Higham tells me. "It presents a significant constraint to sustainable cattle production in the UK. It can be a devastating disease when a herd first becomes infected, causing so-called 'abortion storms', and cows remain infected for life with no treatment or vaccine available."

http://bit.ly/2fmY0nh

Ginger83

gctest50 wrote: »

Why would you let that happen on a repeated basis ?

A farm is basically someones giant open-air factory - you wouldn't crap on the floor of the local factory if they were having an recruitment day ?

Wasn't any of my business, wouldn't have deemed it necessary to shoot a pup over it though. A chat would have been more civil.

Lia_lia

This thread is ridiculous!

Ginger83

Lia_lia wrote: »

This thread is ridiculous!

Why? A man's property was damaged and he's looking for advice on getting it repaired.

RubyRoss

alfaromeo84 wrote: »

I am bred, born and raised in the country, but this statement just annoys me, because it's the same as saying that if you live in a housing estate, that you have to accept late night drunken parties, and nightmare neighbours.

But if you live in a housing estate, it would absurd to expect that you should never have to hear your neighbours just like it's absurd to live beside a farm and expect that animals won't ever wander into your garden. That doesn't imply that anyone - rural or urban - should just accept nightmare neighbours.

dev100

Ian pilcher wrote:

Hi and thankyou to everyone that reads this. We moved to Ireland and eventually bought a place that was a mess unlived in for 4 years with a acre. I've been fighting brambles etc the whole summer and was finally getting it under control to the point we could keep over half of it under control with a push lawnmower. I got a pic from my fiance at work tonight of our whole garden trampled by cows. We have a couple of farmers near us with cows but only one who walks them past our house who puts the chain up and down. I don't feel like I should have to chain myself in 4 times a day as I work splits. He obviously forgot to put the chain up today and his cows have trampled our garden and hasn't even come by, but left us to find this gutted doesnt even come close. My whole garden is ruined. I can't even control the brambles with are push mower it's that bad.

You might as well fill in the holes yourself . You have physical proof it was a particular farmer and his cattle that caused the damage. You are wasting your time as you've no proof. Was your garden built by a landscaper or was every shrub eating etc that it's gonna cost thousands to put right.

My advice get yourself a set of gates or cattle grid. Most normal farmers are ordinary decent folk and don't want to deal with irate neighbours or deal with issues which is gonna cost money. My neighbours are farmers and regularly walk cattle and sheep past the house and will always shut the gates before the animals come by or one the lads will stand in drive way. We'd even go out and give the farmers a hand and be a bit neighbourly. Found a freisin bull in the yard one day let's say I left him to it .

I also think you can't put an animal to the road either even it's on your property and not yours as you become liable it causes an accident when you put it back out onto the road . Could be wrong on that.

As for shooting an animal for straying in on your land common sense has to prevail unless it's a threat to your life or your families life , leave well alone id also bet the cops would take the license off ya for discharging a weapon within the boundary of your home . Ya would want to be a bad person to do that it's not the animals fault. It's the owners responsibility . Cattle / sheep and horses will break out with the best will in the world to keep them fenced in so install gates or a cattle grid to secure your property.

As for people talking about farmers shooting dogs . I can't blame a farmer to a certain degree if a known neighbour allows their dogs to stray and has worried a farmers animals whether it be ewes in lamb or running cattle and breaking down fencing and maybe causing an accident on the road both scenarios will cost a farmer in increased premiums on insurance and affects their livelihood. I'd be the first one to do it if I were in that situation. I do know there's bad farmers out who will do all sorts because they are bad feckers. You won't get luck for shooting a small animal who just goes under the fence to cock the leg . Karma usually bites those lads .

masculinist

dev100 wrote: »

discharging a weapon within the boundary of your home . Ya would want to be a bad person to do that it's not the animals fault. It's the owners responsibility .

I wouldnt do it but isnt the farmer going to kill most of these animals anyway. So how would he be any worse or more bad than the farmer ?

Lady Haywire

masculinist wrote: »

I wouldnt do it but isnt the farmer going to kill most of these animals anyway. So how would he be any worse or more bad than the farmer ?

Cattle in a factory are slaughtered in a controlled environment, where there are shocked to knock them out before they are killed so they feel no pain & death is instantaneous. Peppering them with pellets or firing a rifle at them is definitely not the same thing as the likelihood of them dying immediately is slim to none, hence it being illegal.

Tell me how

masculinist wrote: »

I wouldnt do it but isnt the farmer going to kill most of these animals anyway. So how would he be any worse or more bad than the farmer ?

Are you serious?

Everybody dies, doesn't mean murder is allowed.

Wildsurfer

alfaromeo84 wrote: »

I am bred, born and raised in the country, but this statement just annoys me, because it's the same as saying that if you live in a housing estate, that you have to accept late night drunken parties, and nightmare neighbours.

Not really the same now in fairness. I am a farmer and do my very best to ensure all fences are kept stock proof. However animals can and do escape be it a gate left open in error or an electic fence wire breaking. You would be amazed how fast animals can move when they find an escape route. And they usually won't find entry into a neighbouring farm as they will be shockproof from the outside also. So cows see a nice lush lawn open to the world and what would you expect them to do. OP lay down the guns and lawyers, ask the famer nicely to give you a hand to repair the damage. You might make a friend and not an enemy.

Roger Hassenforder

Wildsurfer wrote: »

Not really the same now in fairness. I am a farmer and do my very best to ensure all fences are kept stock proof. However animals can and do escape be it a gate left open in error or an electic fence wire breaking. You would be amazed how fast animals can move when they find an escape route. And they usually won't find entry into a neighbouring farm as they will be shockproof from the outside also. So cows see a nice lush lawn open to the world and what would you expect them to do. OP lay down the guns and lawyers, ask the famer nicely to give you a hand to repair the damage. You might make a friend and not an enemy.

this
Have you even approached the farmer yet?

masculinist

Tell me how wrote: »

Are you serious?

Everybody dies, doesn't mean murder is allowed.

if you believe killing animals is murder then you should be either a vegan or a hypocrite ?

Tell me how

masculinist wrote: »

if you believe killing animals is murder then you should be either a vegan or a hypocrite ?

Well done on completely missing the point of my post.