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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11139
Experience:  30 years as a practising solicitor.
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Our garden boundary meets with a farmers field where he holds

Resolved Question:

Our garden boundary meets with a farmers field where he holds cattle sometimes. The cows have now broken the fence posts and have managed to lean well into our garden and damaged our BBQ and eaten all our hedging and shrubs. The farmer used to have our boundary fenced off for a pond that he has in the field but he now allows the cattle to roam there along the fence line. We have spoken to him about the damage and he says it's up to us to make sure that they can't get to anything and that we should put up another fence within our garden and move everything out of the cows reach as his only liability is to ensure he has a simple stock fence in place. I know under English law that the cows reaching over and damaging the garden would still be counted as trespass but does that also apply under Scottish Law?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
No it wouldn't. In Scotland fencing would typically be guided by title conditions. You will have to read the title deeds for your property and for his property to find out what the respective rights and obligations are. The farmers response is not unusual in these circumstances but is likely to be wrong. A stock fence is actually a stock proof fence and should be constructed in such a way as to keep farm animals away from neighbouring properties and from causing damage.
I hope this helps. Please leave a positive response so that I am credited for my time.
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