Neighboring horses eating my garden - advise please

[_dobbo_]

Rtype said:

Hah,

In your letter, advise them that unless they reinstate your garden to the way it was prior to the "Horse-gate" scandal, that you will be forced to replace the damaged goods with a plant of my (the proprietor) choosing and it happens to be a poisonous plant to your animal.

So tell them, in writing, you are planning to deliberately poison their horses? I dunno, but seems like maybe not the best approach.

[Rtype]

_dobbo_ said:

Rtype said:

Hah,

In your letter, advise them that unless they reinstate your garden to the way it was prior to the "Horse-gate" scandal, that you will be forced to replace the damaged goods with a plant of my (the proprietor) choosing and it happens to be a poisonous plant to your animal.

So tell them, in writing, you are planning to deliberately poison their horses? I dunno, but seems like maybe not the best approach.

It could be interpreted how you wish. Livestock owner can interpret it as potential veiled threat / proprietor could advise livestock owner that he has a harmful plant now in the space left by previous damage & wanted to warn them so they could take sufficient precautions to prevent damage to his garden / pet.

[_dobbo_]

Rtype said:

It could be interpreted how you wish. Livestock owner can interpret it as potential veiled threat / proprietor could advise livestock owner that he has a harmful plant now in the space left by previous damage & wanted to warn them so they could take sufficient precautions to prevent damage to his garden / pet.

I'd be more worried about how the Police/CPS interpret it when the horses show up dead by the fence...

[Jim the Sunderer]

They're prey animals and quite thick.

A cardboard cut-out of a wolf would keep them away, though it would make your salad bar garden look a bit naff.

[thescamper]

One of These would be quite effective

[Rtype]

_dobbo_ said:

Rtype said:

It could be interpreted how you wish. Livestock owner can interpret it as potential veiled threat / proprietor could advise livestock owner that he has a harmful plant now in the space left by previous damage & wanted to warn them so they could take sufficient precautions to prevent damage to his garden / pet.

I'd be more worried about how the Police/CPS interpret it when the horses show up dead by the fence...

I wouldn't. If they have crossed a boundary which is maintained by myself and not by the commercial land owner / livestock owner, it is simply no problem. Because you have a horse in the field behind you does not govern that you cant have said plant in your garden.

I very much doubt that either - Landowner or Horseowner have an official agreement in place & therefore I would speak to my home insurance legal team who could then, presumably, look at subrogation.

[_dobbo_]

Rtype said:

I wouldn't. If they have crossed a boundary which is maintained by myself and not by the commercial land owner / livestock owner, it is simply no problem. Because you have a horse in the field behind you does not govern that you cant have said plant in your garden.

Of course it doesn't govern what plants you can have. But where there is a history of an escalating conflict, that ends with expensive animals being dead, and a fairly obviously threatening letter, I suspect at the very least some awkward questions would be asked.

Why expose yourself to this by putting anything in writing? That's all I'm saying. Seems a crazy suggestion to me.

[dudleybloke]

Caltrops?

[Carthage]

Cardboard cut-outs of wolves? Air horns? Planting ragwort or yew?

I am happy to report that my horses are clearly smarter than PH readers so would be unimpressed by these tactics.

On a serious note, if the horses are at livery on the farm (and I doubt the farmer is letting them stay there out of the good of his heart) then the farmer is liable for any failure to ensure that his fencing is stockproof, so you should seek recompense from him.

I'm not sure how you think the livery horse owners can fix or even switch on the farmer's mains electric fencing...the units are normally locked away.

If you want to take action to secure your garden, I suggest running one wire or strand of fencing at mid neck height on the horses (so they are not insulated by their rugs). Horses are smart enough to know if electric fencing is on, so won't get zapped.

PS There are advantages to having horses as neighbours - ask for some manure.

[Red Devil]

Carthage said:

On a serious note, if the horses are at livery on the farm (and I doubt the farmer is letting them stay there out of the good of his heart) then the farmer is liable for any failure to ensure that his fencing is stockproof, so you should seek recompense from him.

Are you sure? Section 4 of the Animals Act 1971 - http://www.legislation.gov.uk/ukpga/1971/22/sectio... - leads me to believe the liability lies with the owner of the horse(s). Therefore any claim by the OP would lie against her not the farmer. She in turn may have a corresponding claim against the farmer for failure to ensure the electric fence was functioning as there would be an implied condition that by letting her use/rent the field it was suitable for keeping horses in. If he has failed for months to repair the fence he is going to find it hard to defend any claim.

[Willy Nilly]

Carthage said:

I'm not sure how you think the livery horse owners can fix or even switch on the farmer's mains electric fencing...the units are normally locked away.

If you want to take action to secure your garden, I suggest running one wire or strand of fencing at mid neck height on the horses (so they are not insulated by their rugs). Horses are smart enough to know if electric fencing is on, so won't get zapped.

It's unlikely that the horse owner would even know how the electric fence worked if the energizer was was in their fking living room. It is not the responsibility of the home owner to fence out other peoples livestock.

[Chrisgr31]

Red Devil said:

Are you sure? Section 4 of the Animals Act 1971 - http://www.legislation.gov.uk/ukpga/1971/22/sectio... - leads me to believe the liability lies with the owner of the horse(s). Therefore any claim by the OP would lie against her not the farmer. She in turn may have a corresponding claim against the farmer for failure to ensure the electric fence was functioning as there would be an implied condition that by letting her use/rent the field it was suitable for keeping horses in. If he has failed for months to repair the fence he is going to find it hard to defend any claim.

As a matter of interest what is the definition of trespass when it comes to this? After all the horses appear to be in their own field, or at least most of them is. The only part that isn't is the head and neck.

Its not the same as horses or animals that have got out of a field and are doing damage.

[750turbo]

Sorry, this is post of no assistance whatsoever, just made me think of this...

https://www.youtube.com/watch?v=7l4L6HW5mQE&ab...

Sorry.

[Carthage]

Red Devil said:

Are you sure? Section 4 of the Animals Act 1971 - http://www.legislation.gov.uk/ukpga/1971/22/sectio... - leads me to believe the liability lies with the owner of the horse(s). Therefore any claim by the OP would lie against her not the farmer. She in turn may have a corresponding claim against the farmer for failure to ensure the electric fence was functioning as there would be an implied condition that by letting her use/rent the field it was suitable for keeping horses in. If he has failed for months to repair the fence he is going to find it hard to defend any claim.

Firstly, in a DIY livery situation, which this sounds like, the farmer is the 'keeper' of the horses, so theoretically is in possession of them, and liable for poor fencing. IME farmers like Willy Nilly often don't know the first thing about horses, nor how to contain them safely, nor how to maintain electric fencing.

Secondly, if the OP decides to pursue owners of the many horses who have feasted on his garden, he's going to run into problems at the first hurdle - proving ownership. Horses are not 'agricultural animals' in the UK therefore the govt is not interested in identification. There are in excess of 50 passport issuing agencies. I've never had anyone ask for my horses' passports, and I currently have more passports than horses.

Thirdly, be sensible - talk to the farmer and ask that he maintains the fence line adequately. There is still the chance that the horses will reach over, and scoff the plants which is why I suggested simply running a wire round either at neck height or knee height. Don't believe Willy Nilly - it's not difficult to fence horses in or out, you just need to have a bit of common sense and an elementary understanding of electricity.

[Willy Nilly]

Carthage said:

Don't believe Willy Nilly - it's not difficult to fence horses in or out, you just need to have a bit of common sense and an elementary understanding of electricity.

i know how to fence horses in/out, it's horse owners that struggle with that. We have our own DIY/livery yard and the clients and staff are clueless. There are lots of little places around here with a paddock of horses, some of who rent bits of field of us and if you put all of the electricity in one line of fencing there wouldn't be enough to shock a wet ant.