Other Does a famers insurance, pay directly for cattle damage to our lawn?

amroche

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A nearby farmers cattle has damaged our lawn, (he has very poor fencing and they break out regularly, this is the second time his cattle have caused damage on our property, we didn’t claim the last time). He says he spoke to his insurance company today and that we should get an estimate to repair it and his insurance company will cover it directly, once we post them the estimate.
Anyone know if
1) This is correct
2) Will the fact that we have no gate on our property affect our claim? I can’t afford to put in a gate or pay for repair in the hope he will cough up, so I don’t want to waste mine and others time if his insurance won’t pay for it directly.
 
Didn't realise there is an obligation on rural dwellers to haves gate! Where is that written? However there is an obligation on farmers to keep their animals fenced in.
 
Not sure why it should be relevant if the farmer's insurance pays (or if he has an insurance at all) - his animals did some damage to your property, I'd get an estimate for repair, charge him and get it fixed. At the end, it cannot be your problem if he pays for the damage out of his own pocket or has an insurance to cover it.
 
There seems to be quite a bit of case law covering the trespass of cattle
and in general the law appears to come down in favor of the cattle !!
I wouldn't hold my breath waiting for compensation.
 
Animals Act suggests that Animal OWNER has a liability. There is no LEGAL REQUIREMENT for you to have a gate. Also, it should not matter whether the farmer is insured or not. If he is liable, then he must pay. If he is insured, so much the better as then the insurer will pay. In the current economic climate, you are probably better with an insurer as the chances are, that the insurer has enough money to fix your garden.

On your side, you must remember that you can only claim for what puts you back in the pre trespass position. If you had a rough grass plot at the time of the trespass, then you cannot expect to have a newly rotovated lush lawn afterwards. You cannot expect the errant farmer or his insurers to give you a better lawn than you iniitally had.

Also you need to remember, in the interest of community relationships, that you are both neighbours and someday, perhaps in the distant future, you may need the farmers help and assistance. Don't ride him for the sake of a few euro!!!
 
Hello,
I lived in the country for 16 years. We had the same problem on many occasions. There was a lot of damage on each occasion, we did have a cattle grid but they still got in.
We approached the farmer who also instructed us to give estimate for damage. We suggested that he spend the money on some better fencing and we would be happy.
He duly repaired the fencing and that solved the problem.
A few years later I was walking my dog and left him for a moment to my 6 year old daughter to hold.
He broke away from her and chased a field full of sheep and young lambs, I had a lot of running to catch up with him. Some of the sheep were in lamb and I am sure my dog caused some worry at least to the flock.
I approached the farmer and explained my situation and asked him to let me know the damage. He reminded me of the garden damage years earlier.
I felt good and realised that money does not pay for good relations and neighbours, live and let live. I now treasure the years and memories, when we reared our children in the country while they were small.
While there may not be an obligation to have a gate on your property, common sense dictates you must make some effort to protect your property, depending on where you live. In the country animals are often driven from one location to another exposing your property if unprotected. Good luck Browtal
 
Excellent advice

In any event, unless the lawn repair job is going to be unusually expensive (generally unlikely given that gardening contractors seem to be ten-a-penny at the moment), an insurance claim is hardly likely to be much use in paying for it, once you deduct the policy excess etc.
 
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