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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10274
Experience:  30 years as a practising solicitor.
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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: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year 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, Solicitor
Category: Scots Law
Satisfied Customers: 10274
Experience: 30 years as a practising solicitor.
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