Boundary ditch question

RobertKK · 09-10-2015 4:59pm #1

My neighbour did some building work. During the work they flattened a boundary ditch which had been stockproof.
I have an electric fence up on my side, but I have this one animal that doesn't seem to care about electric fences. Her half sister was the same.
So my animal got into the neighbors lawn, did her business and he is unhappy. Fine, in his nature to be a bit hot headed.
I said to him that the animal was never breaking out until they did the building work and flattened the stock proof ditch. I was told it was my responsibility, and fair enough she is my animal, but I said he has some responsibility too due to what they did with the ditch.
Surely I am not totally responsible for a ditch that I had fenced and which had been stock proof?

farmerjj · 09-10-2015 5:07pm

Did he knock the ditch without your permission?

RobertKK · 09-10-2015 5:09pm

farmerjj wrote: »

Did he knock the ditch without your permission?

The section of boundary in question - no.

farmerjj · 09-10-2015 5:16pm

I would have thought he would need your permission to take some of the bounds ditch, its half yours... Be interested to see what other ppl think

Bellview · 09-10-2015 5:56pm

I would speak with a solicitor first just to ensure you know the lie of the land. Has he plans to rebuild the ditch or does he expect the hole to remain? From the little I know he cannot knock a boundary ditch with consent... but better get a solicitor especially if the guy is a hot head as that may allow a reasoned conversation .. also may result in a lifetime of resentment which you need to consider

Buford T. Justice XIX · 09-10-2015 6:51pm

Afaik, the onus is on the owner of the animal to keep the animal securely within his bounds.

I had a similar situation with a neighbour removing some gates on a stream while draining them and not replacing them. The animals went up the stream, out on the road and into another neighbours lawn:o

barnaman · 09-10-2015 6:54pm

OP you say you gave permission to works to boundary fence. What did you agree to and what did you reinstatement works did you expect/agree to? The boundary is normally a party wall which both parties have to maintain. Boundary fence can be wholly owned by one party or another but the norm 9/10 times is co-owned and as said both parties responsible for its upkeep. With the animal straying you are legally obliged to have it on your land. Will post the most recent Act confirming this later. Practical solution is that you and neighbour reinstate a stockproof fence if that was what existed before. Word of advice to others photograph this stuff before allowing works as that way if dispute you can show what existed before. The lad could say was just a few briars there etc.

barnaman · 09-10-2015 6:57pm

Animal Health and Welfare Act 2013 s.8. I cannot hyperlink it but all farmers should know this section off, The neighbour intered with the bound with your permission so he has a lawful excuse othwuse hw wouls been in breach of s.8(2).

RobertKK · 09-10-2015 7:48pm

Thanks everyone. I fixed it up the boundary this evening, we normally get on great so wouldn't ruin a friendship over it. I was just curious to who was in the right and wrong.
I wouldn't get a solicitor involved as that would go down like a lead balloon and might be unforgivable in this case.
Neighbour was a bit hot headed it turned out it was due to bringing his work stresses home with him.
We hadn't agreed on flattening the section of ditch in question, but it is not worth falling out over.
Good advice by all.

_Brian · 09-10-2015 8:41pm

So round these parts the fencing responsibility belongs to the party where the Hedge is on their side of the drain (ditch). House sites are the responsibility of the house owner.

Willfarman · 09-10-2015 9:39pm

Think you resolved it sensibly. If you involve bstarding solicitors they wind up the real winners.

Boundary ditch question

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