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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I just want to know if a farmer knowingly lets a his sheep

Customer Question

I just want to know if a farmer knowingly lets a his sheep wander on to my land could it be classed as trespass or do I have any right to insist he keeps his sheep enclosed and off my land?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Is any damage being caused please?
Customer: replied 2 years ago.

Apart from eating my plants etc, the main problem id they defecate out side my front door and french doors. The House is on the Market and may be putting potential buyers and I am fed up of bringing it in on my feet AND if any door at the front is open (more in the summer) they walk in and once have deficated in the house.

Expert:  Ash replied 2 years ago.
The Animals Act 1971 says:
4 Liability for damage and expenses due to trespassing livestock
(1) Where livestock belonging to any person strays on to land in the ownership or occupation of
another and—
(a) damage is done by the livestock to the land or to any property on it which is in the
ownership or possession of the other person; or
(b) any expenses are reasonably incurred by that other person in keeping the livestock
while it cannot be restored to the person to whom it belongs or while it is detained in
pursuance of section 7 of this Act, or in ascertaining to whom it belongs;
the person to whom the livestock belongs is liable for the damage or expenses, except
as otherwise provided by this Act.
(2) For the purposes of this section any livestock belongs to the person in whose possession it is
Therefore the owner is liable for any damage. Further Section 7 says:
Where any livestock strays on to any land and is not then under the control of any person the
occupier of the land may detain it, subject to subsection (3) of this section, unless ordered to
return it by a court.
So in theory you could get hold of the sheep! But if you dont want to do that you can get a Solicitor to write and ask that he control the sheep otherwise you will get a Court order.
If that does not work then you can issue proceedings. You would need to complete form N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The Court will list the matter for hearing and decide whether to make an order, requiring the owner to control the sheep. If the Court does and it is breached, this is contempt of Court and the owner can be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Only is it likely to cost me hundreds and hundreds of ££££££££££

I will pursue it until I can no longer afford to. Many thanks

Rita Lloyd

Expert:  Ash replied 2 years ago.
You may get fee remission if you are on benefit or a low income - that way you can afford it. If you win then you can ask the Court for your costs back.
Does that help?
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex