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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16790
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I live in Scotland - my land backs onto field that is rent

This answer was rated:

I live in Scotland - my land backs onto field that is rent by farmer from the owner. I have my boundary fenced but there is no stock fence on the filed and this is being used to keep sheep. Over the years my fence is being battered by the sheep and now requires replacing or repair work 12 post are smashed. The farmer has offered to provide help. is the landowner responsible for stock proofing and protecting my property.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: none at all
JA: Have you talked to a lawyer about this?
Customer: Not yet - as would like to discuss amicably as have been neighbours for 20 years and no problems
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I need to know what my position is -

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

The title deeds to your property and the neighbouring one would usually say who is responsible and for what. You should check there in the first instance.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

Customer: replied 8 days ago.
Appreciate that - the Title Deeds are held by my Solicitor and they are closed today due to Public holiday. Just wanted an answer in general if possible

It may depend on history. For example if your property was once part of the other property the landowner selling might have imposed an obligation on the purchaser and their successors to install and maintain a stock proof fence. Or there may just be a mutual obligation of maintenance and repair. You can’t do much except speculate until you or your solicitor has a look at the title.

JGM and 2 other Scots Law Specialists are ready to help you