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See section 13(4) of the Animals Act 1971 where it provides at the Act doesn't apply to Scotland. In Scotland this is generally a property matter. If your title provides that you have to supply and maintain a stock proof fence then the fence has to be fit for purpose. If it isn't then you won't be able to hold the farmer liable for any damage to your property. So your first port of call should be your Land Certificate to see what the provisions say about that. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.