Whose responsibility is it to ensure cattle and livestock are secure

M

MacFiura

Guest
Hi

I'm just after buying a new house, my neighbour who is a farmer has called over and told me that our fence in broken in places and that their cattle could enter our property through these breaks, they have explained that they have electric fences constructed but if the cattle break through, it would be our responsibility if they caused any damage.

I was just wondering if anyone knew whats the legal situation is in regards to this. Should it not be the responsibility of the cattle owner to ensure his cattle cannot break out. Or is it my responsibility to ensure my property is secure at all times ?

Thanks
 
MacFiura said:
Or is it my responsibility to ensure my property is secure at all times ?
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Yes, it is your responsibility to fix the fence and secure your own property. Nice of the farmer to tell you.
 
cashier said:
Yes, it is your responsibility to fix the fence and secure your own property. Nice of the farmer to tell you.
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This is incorrect. While it may be prudent for the OP to fence his land it is the farmer's responsibility to ensure that his lands are stockproof.
 
Yes I was thinking that, he had said he told he auctioneer to tell us that it needed fixing, and that he had an electric fence up, but if he believed this did was not sufficient should he not take measures to ensure they wouldn't break out
 
Sounds like your neighbour wants you to fix your fence so that he can avoid having to pay to secure his livestock properly.

Even though it is his responsibility I would still repair your own fence to secure your property and avoid potential future arguments in the event his cattle break out.
 
Found this on Department of Agriculture website if it is of any use to you. See section 4 in particular.


Listed below 1-7 are the principle conditions that are assessed by the DVO before a herd/flocknumber may issue. In seeking to prevent disease transmission, these conditions include that the individual herd/flock in question (see “herd” definition below) must fulfil the following criteria:
1) That the herd/flock occupies a defined holding (see “holding” definition below).
2) That there are separate entrances to the holding.
3) That entry points onto other adjoining holdings/lands, not part of the application, are permanently blocked.
4) That perimeter fencing should be stock-proof at a minimum and also prevent direct contact between stock on contiguous or adjoining holdings.
5) That there are independent and separate facilities such as
a. Separate cattle crush or sheep/goat handling facilities,
b. Separate feeding and watering facilities.
c. Separate farm machinery
6) That there are adequate facilities for the purpose of inspection, isolation, loading, unloading, marshalling, watering, feeding, treatment of sick/injured animals and housing as appropriate.
7) That there are adequate facilities for animal bedding and the collection of manure and wastewater.
 
who owns the fence?

Oft times when sites are sold, the contract says that the purchaser must fence, not the farmer.
 
AlbacoreA said:
That makes no sense, where someone else's livestock is concerned.
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When you live out in the countryside you really have to secure the fencing around your property, cows do break out and jump ditches etc especially if they spot a bit of greener pasture than their own on the other side!

Some years back, cattle broke into our front lawns, the damage was huge but it was our own fault because we didnt have a cattle grid put in.
 
As far as I know you cannot force someone to fence their property regardless of how inadequate their fences are. Having said that if his animals do do damage to your property through his lack of adequate fencing then it's his liability. He has or should have insurance to cover this risk.
 
MacFiura said:
Hi

Should it not be the responsibility of the cattle owner to ensure his cattle cannot break out. Or is it my responsibility to ensure my property is secure at all times ?

Thanks
Click to expand...

Yes it is his responsibility to ensure his cattle cannot break out, but one mans idea of adequate fencing might not be the same as anothers. Indeed one bullock's idea of an insurmountable fence may be very different from anothers! There are grey areas here.....

Electric fences usually are adequate. But sometimes cattle do break through them......for example the power may fail for some reason and as they strain under the wire to get fresh grass they contiunue to push inward not getting any shock and before they know it they are through the wire.... or sometimes one will push another through it....they can also sometimes knock fence posts through scratching against them and then walk over the wire......etc.....

The farmer obviously has a concern about your fence, seeing as he came to mention it to you. He knows too that his electric fence is not 100% foolproof. He obviously feels that he cannot interfere with or go mending your fence....so he's hoping you will oblige..... whether he could do something else or not on his end I don't know......maybe he's thinking that a small bit of fixing on your side will save a large bit of fixing his side....

If he was polite and friendly enough about it I would probably do a bit of mending on your side......not at great expense mind......more to save you the potential hastle of having your property damaged than anything else. And if you will be living beside this guy for years it's probably better to keep on good terms if you can. (believe me this guy might not be the worst in the world......at least he has put an electric fence up.......I've seen a lot worse than that.....!)
As far as I know, if his cattle do damage to your property, he is liable without question, but if you can avoid this situation you would be much better off, avoiding solicitors, courts, bad feeling etc in the process......
 
If the fence is between yours and the farmers properties then is the fence not a "party fence"?

Rules apply to party boundarys. But if the fence is entirely within the border of your property then the fence is all yours and the farmer needs to fence his own boundary. The farmer has a responsiblity to make sure that his livestock does not move into other properties.

This could get litigous if it isn't sorted out in a freindly manner, so I would establish first of all who owns the fence in question, then take it from there.

Finally, having grown up in a farming community, never trust anyones fencing but your own to keep livestock in or out of a property.

M
 
In law there is a tort called "Cattle Trespass" - it is a very old tort stating that an owner is strictly liable for all damage that results from their cattle straying from one property to another.

So he is liable for all damage caused - there is no need to prove negligence etc.
 
cashier said:
When you live out in the countryside you really have to secure the fencing around your property, cows do break out and jump ditches etc especially if they spot a bit of greener pasture than their own on the other side!

Some years back, cattle broke into our front lawns, the damage was huge but it was our own fault because we didnt have a cattle grid put in.
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That's a very unusual interpretation of those circumstances, and one that is at odds with Irish legislation.

The OP asked what the legal situation was, what you have posted is factually incorrect and misleading.
Leo
 
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