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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 11554
Experience:  30 years experience in property law.
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Good morning, We live in the country and are surround by fields

Resolved Question:

Good morning,
We live in the country and are surround by fields where horses are grassing.
We are responsible for the fence around our property and have installed a basic sheep fencing which seems to keep our dogs in our garden.
However, several times over the last few days our neighbours horses are breaking the fence and entering the garden.
I would like to know who is responsible for keeping the horses out? Are we at fault because the fence is inadequate or should our neighbours ensure the horse stay in their fields.
Regards
Catherine
Submitted: 2 years ago.
Category: Property Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in the UK and will help you with this.
Does your title describe the fence you are responsible for? Typically a rural property would have a covenant that the owner is responsible for maintaining a "stock proof" fence in which case there would be implied that the fence would be suitable to deter grazing animals including sheep, cows and horses.
The other issue is whether the fence would normally be adequate but that the horses are behaving differently from normal. I presume the horses have been there for some time but that this is a recent thing?
Your duty, subject to what is on the title deeds, would be to act reasonably and to provide a fence that is generally fit for purpose in connection with the grazing of animals. You do not have a duty to cover all eventualities and events that can't be reasonably foreseen.
Happy to discuss further.
Customer: replied 2 years ago.

Thank you, ***** ***** into further.

Expert:  JGM replied 2 years ago.
I will look forward to hearing from you.
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