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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live within a dairy farm and I purchased my property 6

Resolved Question:

I live within a dairy farm and I purchased my property 6 years ago.
My property is protected by a cattle grid which is now in need of repairs likely to cost several hundreds of pounds.
It seems to me that a farmer should have a duty to ptotect neighbouring properties from his cattle and that, therefore, the cost of maintaining the grid should be the farmers and not mine.
Is this correct and what is the authority for this?
Tony Blok
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.

Hello Tony my name is ***** ***** I will help you with this.

Is there anything in your deeds about who is responsible please?
Alex

Customer: replied 10 months ago.

No.

Tony

Expert:  Ash replied 10 months ago.

Unless its in your deeds then the farmer is responsible for the cost. Only where it is in your deeds that you are required to contribute then would you be liable.

If there is nothing in your deeds then you are not.

Can I clarify anything for you about this today please?
Alex

Customer: replied 10 months ago.

Alex, perhaps I should add that the cattle grid is situated at the gate but is WITHIN my property.

Tony Blok

Expert:  Ash replied 10 months ago.

I see Tony, that changes things. Unless it says that the farmer should contribute to the cost, then it is your responsibility. I had assumed it was on the Farmers land.

If its on your property, its your responsibility unless your deeds say otherwise

Does that clarify? Alex

Customer: replied 10 months ago.

Not really, Alex. For example, may I fill in and tarmac over the cattle grid and then sue the farmer if any of his cattle stray on my land, causing damage?

Do I have a responsibility to retain and maintain the grid?

Tony

Customer: replied 10 months ago.

Not really, Alex. For example, may I fill in and tarmac over the cattle grid and then sue the farmer if any of his cattle stray on my land, causing damage?

Do I have a responsibility to retain and maintain the grid?

Expert:  Ash replied 10 months ago.

That is a little simplistic view. Lets assume for one second you did tarmac it in and the animals caused damage.

Cattle are not under control such as a dog. They are free roaming, like the law says cats are. Owners of cats are not liable for their actions.
Its the same here - you moved to a farm, knowing there were cattle.

The cattle roam - you know that. Therefore the farmer cant be negligent.

Even if I am wrong about that and the Farmer is negligent, any Judge would ask whether or not you knew filling in the grid with tarmac would allow them to roam about.

The answer has to be yes - therefore any damages you may have been awarded would be reduced to zero, because you would have contributed to the cattle escaping

Its like moving to Heathrow and complaining about the aircraft noise. Therefore if you moved to the farm, it would have been reasonable for you to expect cattle.

That being the case it would have been reasonably obvious if you filled in the grid (the thing protecting your land) then they can roam around.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?
Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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