Who's liable?

Curious Scot

This was going around a social media site recently.

'I had cattle break into a neighbours back garden and they didnt do any damage to the ground only alocka manure on the grass the person wants me to fully landscape her garden due to the cows leavin a few print in the grass but no holes r tears in the grass do i have to fix it and i offered to fence it 6 months ago and she wouldnt let me because she wanted to get all the bondaries sorted'

There were a lot of replies - some saying it was the farmer's responsibility to repair any damage because the cows broke out of his land, and others saying the neighbour should repair the damage herself because the farmer offered to erect a fence six months ago, and she declined the offer.
In my opinion, the farmer should make good any damage because it's his responsibility to keep his cows fenced in securely.
What do ye think?

Lady Haywire

Get a gardener/maintenance man in to fill up the holes in the lawn etc & repair the fence to the way it was, only more secure.
You're only repairing damage, not upgrading the garden.

Then tell her to landscape her arse & buy her own new fence. :pac:

lalababa

Making good a bit of damage ,fair enough, but relandscaping the garden ha..ha.

punisher5112

The farmer is responsible and their fencing should be adequate to hold their livestock.

Funnily enough it happened to my dad years ago.... Somebody was opening the gates late at night and letting cattle off.

Turns out 2 got into a garden and walked on it. Wasn't dug but definitely had prints left so he paid for repair and a month later for whatever reason they filled garden with rubble and it's been like that ever since...
House isn't looked after either..

Donegalforever

Lady Haywire wrote: »

Get a gardener/maintenance man in to fill up the holes in the lawn etc & repair the fence to the way it was, only more secure.
You're only repairing damage, not upgrading the garden.

Then tell her to landscape her arse & buy her own new fence. :pac:

Now, now, the last sentence is not the language of a lady but very apt nevertheless.

_Brian

It’s fairly typical of modern Ireland folks. Once people smell the slightest liability they dive straight on with both hands to gouge out what they can.
When you have government ministers doing it the indication is that’s it’s acceptable.

Repair the damage done.
Come to some agreement over the fence.

Spread slurry When the wind favours the job

Keepgrowing

Solution here is simple, report to your insurance company and stand back, that’s why you pay for insurance. The cattle owner is responsible for the trespass of his/her stock.

End of

carrollsno1

Keepgrowing wrote: »

Solution here is simple, report to your insurance company and stand back, that’s why you pay for insurance. The cattle owner is responsible for the trespass of his/her stock.

End of

Could never understand why lads back home never done that ourselves included and we paying enough for it just shows how much the insurance companies can screw ye back home.

Aravo

Curious Scot wrote:

In my opinion, the farmer should make good any damage because it's his responsibility to keep his cows fenced in securely. What do ye think?

+1

Know of a situation locally, cattle entered into lawn, caused damage as the ground was soft. Ended up with property owner getting onto solicitor and farmer had to pay up or should I say the farmers wife paid up as the farmer was/is a difficult fellow who was/is fond of the black stuff. Property owner had no option in this case.

White Clover

Aravo wrote: »

+1

Know of a situation locally, cattle entered into lawn, caused damage as the ground was soft. Ended up with property owner getting onto solicitor and farmer had to pay up or should I say the farmers wife paid up as the farmer was/is a difficult fellow who was/is fond of the black stuff. Property owner had no option in this case.

Black stuff??... Turf?

Hard Knocks

Keepgrowing wrote: »

The cattle owner is responsible for the trespass of his/her stock.
End of

I think every case is different
Remember years ago helping round up cattle
Farmer dropped them off one night to be called early following morning that they were in the neighbour garden
The said neighbour had removed a fence hedge as they wanted more sunlight

Aravo

White Clover wrote:

Black stuff??... Turf?

Not all turf is black.

swedex

A farmer neighbours cattle broke into my garden and made a bit of mess of it, he apologised and fixed it up as best as he could and I was happy enough with that, although it was a bit of a pita cutting the lawn for a while with the hoof marks. Nobody got sued as he's a good neighbour and I'm not a miserable cnut.

Reggie.

swedex wrote: »

A farmer neighbours cattle broke into my garden and made a bit of mess of it, he apologised and fixed it up as best as he could and I was happy enough with that, although it was a bit of a pita cutting the lawn for a while with the hoof marks. Nobody got sued as he's a good neighbour and I'm not a miserable cnut.

Good on ya

antix80

Curious Scot wrote: »

This was going around a social media site recently.

'I had cattle break into a neighbours back garden and they didnt do any damage to the ground only alocka manure on the grass the person wants me to fully landscape her garden due to the cows leavin a few print in the grass but no holes r tears in the grass do i have to fix it and i offered to fence it 6 months ago and she wouldnt let me because she wanted to get all the bondaries sorted'

There were a lot of replies - some saying it was the farmer's responsibility to repair any damage because the cows broke out of his land, and others saying the neighbour should repair the damage herself because the farmer offered to erect a fence six months ago, and she declined the offer.
In my opinion, the farmer should make good any damage because it's his responsibility to keep his cows fenced in securely.
What do ye think?

I think the farmer should have fenced his own land, not necessarily right on the boundary but sufficient to prevent the cattle from getting on the neighbour's property.

As for the costs, it would be right for her to get quotes for the damage and the farmer to do the same (and take photos of the damage). If they can't agree it would be for the courts to decide.
In my view, she wouldn't have to accept the farmer's offer to repair the damage as presumably he's not a gardener.

White Clover

Aravo wrote: »

Not all turf is black.

I was only messing. Around here it's all black turf. If there was a tinge of brown through it the "experts" would say it was rubbish.

Aravo

White Clover wrote:

I was only messing. Around here it's all black turf. If there was a tinge of brown through it the "experts" would say it was rubbish.

Absolutely no offence taken.

Dakota Dan

So because she didn’t agree for the farmer to fence it 6 months beforehand he decides to put the cattle in the field without a fence, a strand of wire with a good crack of current would have prevented all the hassle.