How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11544
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I live in Scotland and my property boundaries are shared with

Resolved Question:

I live in Scotland and my property boundaries are shared with farmland. Previously cattle were kept in the field and the boundary fences were adequate to keep the animals off our land. For the past month or two, there have been sheep kept in the field and they frequently ignore the boundary and come into our garden where they have cause a fair amount of plant damage - nothing mind blowing, just eating vegetables, herbs and some young trees - but what we are unsure of is whether it is our responsibility to stop the sheep coming into our garden or the owner of the farm land? Thanks.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Do you have access to your title deeds? The responsibility for maintaining stock proof fencing sufficient to keep animals in a field is generally contained within the title deeds and would assist you.
Typically, however, if your land was originally part of the farmland and was split off from it, the farmer would generally have insisted that the titles provide for the proprietor of the split off title to maintain the fence.
That is by no means across the board however, and the title could easily provide the opposite or for joint maintenance. Your titles need to be examined to find out which applies.
If the title is silent and the fence is on a boundary then the common law says that maintenance would be joint.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you