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JGM, Solicitor
Category: Law
Satisfied Customers: 12195
Experience:  30 years as a practising solicitor.
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I live in Scotland. 2 sides of my 1/2 acre garden border a

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I live in Scotland. 2 sides of my 1/2 acre garden border a field in which my neighbour keeps cows. I have a 1m. high wire fence topped with a wire that I use with a 12v battery charge to deter the cattle that the farmer keeps in the field hald the year. One cow ignores the charge and pushes her head through to pick up grass when I cut it. I fear that her weight will damage my fence and if the cows get in will endanger my sewage plant. The farmer says that my Land Certificate makes me responsible for stock proof fencing, and that the fence provided by the builder of my house was not sufficiently high. He wants me to increase the height and strength of the fence, and increase the electric voltage through the fence. Can you advise please. I've looked at the 1971 Animals Act and it looks to me as though he would be liable for damage, but he says the onus is on me to provide a proper fence - good job he isnt farming elephants.

See section 13(4) of the Animals Act 1971 where it provides at the Act doesn't apply to Scotland. In Scotland this is generally a property matter. If your title provides that you have to supply and maintain a stock proof fence then the fence has to be fit for purpose. If it isn't then you won't be able to hold the farmer liable for any damage to your property. So your first port of call should be your Land Certificate to see what the provisions say about that. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

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