Lawn ruined by cattle - advice

Ginger83

Hi a farmer has a field rented beside us and his cattle have broken into ours.

He says he does not have insurance, any advice?

freedominacup

Ginger83 wrote: »

Hi a farmer has a field rented beside us and his cattle have broken into ours.

He says he does not have insurance, any advice?

He should have insurance. How big is the lawn? How much damage?

Ginger83

freedominacup wrote: »

He should have insurance. How big is the lawn? How much damage?

1/2 Acre ruined, robot getting stuck everywhere.

He says he has insurance on his farm but not this rented field.

SmartinMartin

Get a quote to fix the damage, then ask him to pay up. If he doesn't, off to the small claims court with you.

hopeso

If his cattle broke in, it's his responsibility to repair any damage, regardless of his insurance, or lack of it.... The first step you should take is to photograph all the damage, in case it ends up being a drawn out process

patsy_mccabe

Ginger83 wrote: »

1/2 Acre ruined, robot getting stuck everywhere.

He says he has insurance on his farm but not this rented field.

Real first world problem.

freedominacup

Ginger83 wrote: »

1/2 Acre ruined, robot getting stuck everywhere.

He says he has insurance on his farm but not this rented field.

I would think he's chancing his arm. I don't remember ever specifying parcels and we've had a couple of lawn claims over the years. Can lead to a bit of a bump in your premium for a couple of years maybe he's trying to avoid that.

D3V!L

<SNIP>

freedominacup

SmartinMartin wrote: »

Get a quote to fix the damage, then ask him to pay up. If he doesn't, off to the small claims court with you.

Problem is the small claims court won't cover a landscaper reinstating a .5 acre lawn.

endainoz

If it's a half acre, it should be accessible easily enough by a tractor? Every farmer has a roller, surely he'll just roll it for you and the ground will have recovered by next spring. Also maybe sell the robot and let some wild flowers grow.

Mango Joe

I have personal experience where a person will be an insufferable bo**ocks and hope that you'll f off and pay for this yourself.

At the end off the day the Land Owner is making money renting the land

This Farmer is making money farming the land.

One or both of them is saving money by skipping on the annual insurance cost.

- Please do not be one bit shy about asserting yourself and making it very clear you expect this serious damage to be put right or you'll take whatever action is required.

endainoz wrote: »

If it's a half acre, it should be accessible easily enough by a tractor? Every farmer has a roller, surely he'll just roll it for you and the ground will have recovered by next spring. Also maybe sell the robot and let some wild flowers grow.

Its a lawn which 99.9% of Irish families have - These robots are increasingly common, don't be making inappropriate judgements on a basis of small-minded nonsense.

- Why don't you dig up your kitchen tiles and let wild flowers grow? What a comment...... Seriously.

Ginger83

patsy_mccabe wrote: »

Real first world problem.

Actually it is......I invested thousands in my lawns and a robot because i have motor neurone disease and cannot cut the grass.......but joke away

Ginger83

endainoz wrote: »

If it's a half acre, it should be accessible easily enough by a tractor? Every farmer has a roller, surely he'll just roll it for you and the ground will have recovered by next spring. Also maybe sell the robot and let some wild flowers grow.

It was done by a landscaper so it will be repaired by 1

endainoz

Mango Joe wrote:

Its a lawn which 99.9% of Irish families have - These robots are increasingly common, don't be making inappropriate judgements on a basis of small-minded nonsense.

Jesus I'd say youd be a great neighbour.

Mango Joe

Ginger83 wrote: »

Actually it is......I invested thousands in my lawns and a robot because i have motor neurone disease and cannot cut the grass.......but joke away

Ah would you be not be fair......? He was hardly having a pop at people with long term illnesses or disabilities now was he?

I think it was a mildly humorous and inoffensive comment with not an ounce of bad intention.

Having our lawns cut by robots is quickly becoming more affordable and common but it still sounds outlandish and would have been unheard of until relatively recently, hence the comment.

endainoz

Ginger83 wrote:

Actually it is......I invested thousands in my lawns and a robot because i have motor neurone disease and cannot cut the grass.......but joke away

Is it not an option to ask him to roll it no?

Ginger83

Mango Joe wrote: »

Ah would you be not be fair......? He was hardly having a pop at people with long term illnesses or disabilities now was he?

I think it was a mildly humorous and inoffensive comment with not an ounce of bad intention.

Having our lawns cut by robots is quickly becoming more affordable and common but it still sounds outlandish and would have been unheard of until relatively recently, hence the comment.

I suppose so, I am just sick of miserable farmers that wont fence off their lands

Ginger83

endainoz wrote: »

Is it not an option to ask him to roll it no?

no

grassroot1

Ginger83 wrote: »

Actually it is......I invested thousands in my lawns and a robot because i have motor neurone disease and cannot cut the grass.......but joke away

I think you are over reacting to Patsy's comment think the point is the robot is becoming more and more popular.
We understand how upsetting it is to have your property damaged and we certainly do not make little of your disease.

grassroot1

Ginger83 wrote: »

I suppose so, I am just sick of miserable farmers that wont fence off their lands

One "farmer" not all of us..... I expect that's what you meant

Ginger83

grassroot1 wrote: »

I think you are over reacting to Patsy's comment think the point is the robot is becoming more and more popular.
We understand how upsetting it is to have your property damaged and we certainly do not make little of your disease.

I over reacted no offence intended

Ginger83

grassroot1 wrote: »

One "farmer" not all of us..... I expect that's what you meant

Plenty but not all.

Mooooo

Take a picture, get a quote to fix it. Send this on to him. His responsibility regardless of insurance cover

whelan2

Hi is the field adjoining your lawn or did the cattle come up the road into it. Is there a risk of them breaking in again. Wouldn't be getting it fixed up until they are properly fenced in

Happened to me a few months ago when cattle came into my garden. Got a quotation to fix the lawn/broken hedges and presented farmer with cost. They paid up, and we got the lawn repaired. Farmer has since put in electrical fencing. It's not a question of insurance, if they are responsible they are liable. Take care OP and enjoy your garden.

Ginger83

whelan2 wrote: »

Hi is the field adjoining your lawn or did the cattle come up the road into it. Is there a risk of them breaking in again. Wouldn't be getting it fixed up until they are properly fenced in

Joined to us, not fenced at all.

CrankyHaus

You're being fobbed off. He's liable for damage caused by roaming cattle. Whether he's insured or not is irrelevant. He probably is and just doesn't want his premium affected. As soon as things escalate he'll most likely involve his insurance, he's just hoping he can fob you off and it won't get that far.

Don't be afraid to get an insurance assessor to help you deal with him or his insurance company if it's worth it. They may lowball you otherwise.

What was and is the condition of the fence and who repaired it after the cattle left? If there was no fence insist upon one, adequate to restrain cattle, being installed.

Ginger83

Sunnyspot wrote: »

Happened to me a few months ago when cattle came into my garden. Got a quotation to fix the lawn/broken hedges and presented farmer with cost. They paid up, and we got the lawn repaired. Farmer has since put in electrical fencing. It's not a question of insurance, if they are responsible they are liable. Take care OP and enjoy your garden.

Thank you

hopeso

We've established that the farmer has no insurance, but what's his attitude aside from that? Is he accepting any responsibility for what happened, and the costs involved?

orm0nd

Mooooo wrote: »

Take a picture, get a quote to fix it. Send this on to him. His responsibility regardless of insurance cover

+1

if he's still stalling send him a solicitor's letter ,

if as he says he hasn't PL insurance cover he's an utter idiot/

Ginger83

CrankyHaus wrote: »

You're being fobbed off. He's liable for damage caused by roaming cattle. Whether he's insured or not is irrelevant. He probably is and just doesn't want his premium affected. As soon as things escalate he'll most likely involve his insurance, he's just hoping he can fob you off and it won't get that far.

Don't be afraid to get an insurance assessor to help you deal with him or his insurance company if it's worth it. They may lowball you otherwise.

What was and is the condition of the fence and who repaired it after the cattle left?

We were fobbed off before and had to fix ourselves.

Some sort of white tape

Ginger83

hopeso wrote: »

We've established that the farmer has no insurance, but what's his attitude aside from that? Is he accepting any responsibility for what happened, and the costs involved?

He wants to put 'a shovel of muck' in the holes

CrankyHaus

Ginger83 wrote: »

We were fobbed off before and had to fix ourselves.

Some sort of white tape

You have options and remedies.

Find out the cost of repair. That is full and proper reinstatement to an acceptable standard.

Present it to him and insist upon payment and a proper boundary that can restrain cattle. Whether he has insurance or not is irrelevant, no different from whether he's paying you from a BOI account or an AIB one.

If he doesn't pay consider legal action. If you live in a rural area a local solicitor should be familiar with this type of problem.

The11Duff

Whoever owns the field is responsible. Might not be the same person who owns the cattle

Ginger83

CrankyHaus wrote: »

You have options and remedies.

Find out the cost of repair. That is full and proper reinstatement to an acceptable standard.

Present it to him and insist upon payment and a proper boundary that can restrain cattle. Whether he has insurance or not is irrelevant, no different from whether he's paying you from a BOI account or an AIB one.

If he doesn't pay consider legal action. If you live in a rural area a local solicitor should be familiar with this type of problem.

Thanks, he has taken the cattle away

Ginger83

The11Duff wrote: »

Whoever owns the field is responsible. Might not be the same person who owns the cattle

Really?

whelan2

Ginger83 wrote: »

Really?

Never heard that

hopeso

Ginger83 wrote: »

He wants to put 'a shovel of muck' in the holes

That doesn't sound like an acceptable repair to a lawn that cost you thousands... The reason I asked that question was that this would be better for all involved it if could be settled amicably, but maybe that's not an option. I think we're all in agreement that he's at fault, and liable to repair the damage. Your only real option now is to get an estimate for the work involved, and legal advice....all of which is going to cost you money that needn't have been spent if both parties involved could settle it between them.

Ginger83

The11Duff wrote: »

Whoever owns the field is responsible. Might not be the same person who owns the cattle

it was rented

patsy_mccabe

Ginger83 wrote: »

Actually it is......I invested thousands in my lawns and a robot because i have motor neurone disease and cannot cut the grass.......but joke away

OP, I've re-read your initial post and you do not mention your disability....so fair is fair.
Anyway, you may be surprised to learn that you may be responsable for maintaining the fence. It depends on what was agreed when the initial site was sold. Some farmers insist on the site owner maintainng the border and this is a condition of sale. As far as I know, even if the site is sold on, that condition is still binding.

Ginger83

hopeso wrote: »

That doesn't sound like an acceptable repair to a lawn that cost you thousands... The reason I asked that question was that this would be better for all involved it if could be settled amicably, but maybe that's not an option. I think we're all in agreement that he's at fault, and liable to repair the damage. Your only real option now is to get an estimate for the work involved, and legal advice....all of which is going to cost you money that needn't have been spent if both parties involved could settle it between them.

6 huge animals on it for hours and he says its 'not that bad'.

Ginger83

patsy_mccabe wrote: »

OP, I've re-read your initial post and you do not mention your disability....so fair is fair.
Anyway, you may be surprised to learn that you may be responsable for maintaining the fence. It depends on what was agreed when the initial site was sold. Some farmers insist on the site owner maintainng the border and this is a condition of sale. As far as I know, even if the site is sold on, that condition is still binding.

Apologies.

Our house is 200 yrs old

dohc turbo2

Sorry to hear about ur lawn , just wondering how come ur site is not fenced off to keep separate from the land , say u had a dog that went into his field and there was in calf animals there it could cause issues , my sister has a site on our land and she fenced it off with concrete post and chain link wire , and I have electric wire on my side

Simple question OP- if you had a lovely car that you spent a lot of money on, and some gombeen came along some day and dented it, and destroyed the inside of it, would you ask them to compensate you, or would you allow them take the car away and bash out the dents with a hammer, and clean the inside with some washing up liquid and a sponge?
I thought not.

Well, it's no different here. you have a lawn worth '000's according to yourself, and I'm sure you'd have a lot of receipts and/or bank statements to back that all up, coupled with a few pictures of your lovely lawn and gardens before it was all destroyed.

So you deserve compensation. Tot up your bills, get an assessment from the landscaper, and then present the farmer with the bill, and if he doesn't pay up, then consult a solicitor- it might be many years before you get paid, but at least you won't be out of pocket.
The more worrying thing is that if it's happened before, how can it be prevented from happening again? Might you need the landowner to do work on fences etc? You might have to add that into the mix. While not a legal expert, your "case" may have to be directed at the landowner, not the guy renting - unless an arrangement can be agreed.

MacDanger

Would the provision of a suitable boundary not fall equally to both adjoining parties?

Ginger83

MacDanger wrote: »

Would the provision of a suitable boundary not fall equally to both adjoining parties?

They have none.

whelan2

MacDanger wrote: »

Would the provision of a suitable boundary not fall equally to both adjoining parties?

This is a grey area. I try to keep my boundaries stock proof. Also had to put in a special fence to stop a neighbours dogs coming in. He reckoned they were only having fun whilst chasing my in calf heifers up and down a hill

patsy_mccabe

The11Duff wrote: »

Whoever owns the field is responsible. Might not be the same person who owns the cattle

I don't think this is correct. The owner of the livestock is responsible for damage they do.

Worth a read, OP.
https://www.independent.ie/business/farming/agri-business/the-neighbours-cattle-ate-my-flowers-and-ruined-my-lawn-what-can-i-do-35708585.html

Ginger83

dohc turbo2 wrote: »

Sorry to hear about ur lawn , just wondering how come ur site is not fenced off to keep separate from the land , say u had a dog that went into his field and there was in calf animals there it could cause issues , my sister has a site on our land and she fenced it off with concrete post and chain link wire , and I have electric wire on my side

We do, will put up pic

MacDanger

Ginger83 wrote: »

They have none.

What boundary is there on your side?

CosmicFool

MacDanger wrote: »

Would the provision of a suitable boundary not fall equally to both adjoining parties?

Nonsense. If cattle stray into another person's land the cattle owner will be liable for any damage caused.
The owner of the Cattle has a legal requirement to keep those cattle in that field.

I grew up on a farm and we had our fair share of cattle breaking into neighbours land and vice versa.
The owner of the Cattle is liable.