Neighboring horses eating my garden - advise please
Discussion
Morning All,
Without going into too much detail, the end of my garden abuts a farmers field by way of a 4ft high timber post and rail fence. The other side of the fence (farmers side) should be a working low level electric tape fence (to stop the horses encroaching into other gardens), however this has remained un-operational for several months.
Long story short, horses dragged several plants into the field last week. Horse owner confirmed she would action the faulty electric fence. Concious of the damage (£ hundreds), i put it to one side, as she moved the horses to another fields. I wake up this morning to find they have broken out, and dragged more plants (acers, bamboos, magnolias etc).
After a call to the horse owner, who 'wont be paying for anything', what would be best course of action for me to recover the cost of damage caused by her horses?
Dan
Without going into too much detail, the end of my garden abuts a farmers field by way of a 4ft high timber post and rail fence. The other side of the fence (farmers side) should be a working low level electric tape fence (to stop the horses encroaching into other gardens), however this has remained un-operational for several months.
Long story short, horses dragged several plants into the field last week. Horse owner confirmed she would action the faulty electric fence. Concious of the damage (£ hundreds), i put it to one side, as she moved the horses to another fields. I wake up this morning to find they have broken out, and dragged more plants (acers, bamboos, magnolias etc).
After a call to the horse owner, who 'wont be paying for anything', what would be best course of action for me to recover the cost of damage caused by her horses?
Dan
Davel said:
Is it worth asking your home insurers?
Do horse owners have to have insurance at all?
Ill ask my Insurers, but would have thought that the horse owner should have insurance to cover against something like this. Given that she has verbally confirmed that she wont be paying for anything, i think a call to the Police is the way forward.Do horse owners have to have insurance at all?
When you come down off your high horse you may want to consider if you have before and after photos, along with a cost of replacement plants if any are ruined.
The key thing here is that you had the previous discussion that damage was being done due to the broken electric fence, and it happened again.
The key thing here is that you had the previous discussion that damage was being done due to the broken electric fence, and it happened again.
JustinP1 said:
When you come down off your high horse you may want to consider if you have before and after photos, along with a cost of replacement plants if any are ruined.
The key thing here is that you had the previous discussion that damage was being done due to the broken electric fence, and it happened again.
Justin,The key thing here is that you had the previous discussion that damage was being done due to the broken electric fence, and it happened again.
I have photos after the first incident, txt message follow up to my initial call, photos after the second incident, and a subsequent txt follow up. I have photos showing the electric fence broken on the ground...
dan_almond said:
i think a call to the Police is the way forward.
I'd advise against inflaming things.The old chestnut of "It's a civil matter" will be right anyway.
At the end of the day she is more likely to be co-operative if she has empathy with you, so acting calmly and politely and showing here the damage through photos and costs is more likely to result in a positive outcome - even if that is passing to to her insurers.
dan_almond said:
JustinP1 said:
When you come down off your high horse you may want to consider if you have before and after photos, along with a cost of replacement plants if any are ruined.
The key thing here is that you had the previous discussion that damage was being done due to the broken electric fence, and it happened again.
Justin,The key thing here is that you had the previous discussion that damage was being done due to the broken electric fence, and it happened again.
I have photos after the first incident, txt message follow up to my initial call, photos after the second incident, and a subsequent txt follow up. I have photos showing the electric fence broken on the ground...
The evidence you've got is a perfect start.
JustinP1 said:
I'd advise against inflaming things.
The old chestnut of "It's a civil matter" will be right anyway.
At the end of the day she is more likely to be co-operative if she has empathy with you, so acting calmly and politely and showing here the damage through photos and costs is more likely to result in a positive outcome - even if that is passing to to her insurers.
Comments noted; however i have remained calm for both phone calls, but her generaly attitude on the phone will prevent me from even entertaining showing her the damage caused. She would have seen the damaged caused when visiting the field, but now will not return my calls, and previously confirmed she wont be paying for anything. That twinned with her partner throwing a few 'f's' around whilst we were on the phone, part of me expects to see the garden dug up or something by the time i return home. Either that, or a horses head in bed with me tonight! The old chestnut of "It's a civil matter" will be right anyway.
At the end of the day she is more likely to be co-operative if she has empathy with you, so acting calmly and politely and showing here the damage through photos and costs is more likely to result in a positive outcome - even if that is passing to to her insurers.
JustinP1 said:
Sorry OP - didn't mean to offend if any is taken. This forum has a 'meme' of dropping in topic related sayings into responses. I don't really think you are on a 'high horse'! In fact, as an owner of acers I feel your pain and know how much they cost.
The evidence you've got is a perfect start.
None taken!The evidence you've got is a perfect start.
dan_almond said:
JustinP1 said:
I'd advise against inflaming things.
The old chestnut of "It's a civil matter" will be right anyway.
At the end of the day she is more likely to be co-operative if she has empathy with you, so acting calmly and politely and showing here the damage through photos and costs is more likely to result in a positive outcome - even if that is passing to to her insurers.
Comments noted; however i have remained calm for both phone calls, but her generaly attitude on the phone will prevent me from even entertaining showing her the damage caused. She would have seen the damaged caused when visiting the field, but now will not return my calls, and previously confirmed she wont be paying for anything. That twinned with her partner throwing a few 'f's' around whilst we were on the phone, part of me expects to see the garden dug up or something by the time i return home. Either that, or a horses head in bed with me tonight! The old chestnut of "It's a civil matter" will be right anyway.
At the end of the day she is more likely to be co-operative if she has empathy with you, so acting calmly and politely and showing here the damage through photos and costs is more likely to result in a positive outcome - even if that is passing to to her insurers.
Personally, my tact would be something that they could not possibly take offence to - with photos attached of the damage and the broken fence asking that your letter can be forwarded to their insurers.
JustinP1 said:
Personally I prefer a calm face to face chat - especially with neighbours, but if that's impossible, your next best option is writing to them.
Personally, my tact would be something that they could not possibly take offence to - with photos attached of the damage and the broken fence asking that your letter can be forwarded to their insurers.
Justin,Personally, my tact would be something that they could not possibly take offence to - with photos attached of the damage and the broken fence asking that your letter can be forwarded to their insurers.
Agreed, that's how i would prefer to resolve.
I am on good terms with the farmer (land owner), but don't know the horse owner from Adam!
I shall do just that, and refrain from pointing the finger too much...
Dan
JustinP1 said:
Personally I prefer a calm face to face chat - especially with neighbours, but if that's impossible, your next best option is writing to them.
Personally, my tact would be something that they could not possibly take offence to - with photos attached of the damage and the broken fence asking that your letter can be forwarded to their insurers.
Justin,Personally, my tact would be something that they could not possibly take offence to - with photos attached of the damage and the broken fence asking that your letter can be forwarded to their insurers.
Agreed, that's how i would prefer to resolve.
I am on good terms with the farmer (land owner), but don't know the horse owner from Adam!
I shall do just that, and refrain from pointing the finger too much...
Dan
AndrewEH1 said:
Is the farmer aware of the issue? You never know but the farmer might also be annoyed with the horse owners...
The farmer is aware of the situation. He has stressed to me this morning verbally that he will ensure the electric fence is actioned ASAP. His frustration towards the horse owner was obvious during said phone call! I know full well that he doesn't want to fall out with anyone over this. Obviously he has the neighbors best interests at heart, whereas i doubt you could say the same for the horse owner.In normal circumstances it is the land owner, not the livestock owner that is held liable (unless they are one and the same), when horses escape and cause accidents - it's usually the land owner that gets prosecuted.
My sister lost several horses and a Taxi driver was killed in a nasty late night incident, there was never any question of her being to blame, the field owner was held entirely liable for not maintaining the fence.
My sister lost several horses and a Taxi driver was killed in a nasty late night incident, there was never any question of her being to blame, the field owner was held entirely liable for not maintaining the fence.
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