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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10772
Experience:  Barrister 17 years experience
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Hi We just just got left a smal farm by my husbands granuncle,

Resolved Question:

Hi

We just just got left a smal farm by my husbands granuncle, its in a very bad way, with a lot of work to be done, we jus had a baby and are in the middle of building a house, so dont have much disposable income, we were discusing boundy fenceing a few weeks ago and decided to get it done in june or july when we can budget it and get the whole boundry done with the intention of keeping any future stock we may have in our own side, however a neighbour who borders 1 field went and drove stakes on one half of the boundry line, without contacting us, and then rings today to tel us that we have 2 fence our bit now because he wants to let stock out in the next week, my husband works full time so as wel as the money issue there is a time constraint aswel, they demand it on monday to be done within days, and also the bit they took as their half has a drain so doesnt need a fence, we are wondering how does the law stand? Do we have to keep his stock out, or does he need to keep his stock out?
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. IN law, the onus is on a farmer to keep his stock in. A farmer cannot rely upon a neighbour fencing his portion of a field so as to keep his stock in the field. The farmer is the one at fault if his stock stray. Accordingly, here, your neighbour is liable for any animals which trespass upon your property. He cannot call in aid the fact you haven't fenced your portion of the field. If he wishes to put in animals into the field, then he must ensure they are kept in, whether by electric fencing or some other means, as he is liable if they stray from his ground.

Customer:

Hi, Thank you very much for your help, it puts our mind at ease, and we will get it done we just wanted to know the law on the issue, we would rather do it when we are ready and have it done properly and not just a rushed job that will have to be redone again, you have been a great help, much appreciated.

Customer:

Regards

Customer:

Joanne

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