Neighboring horses eating my garden - advise please

Neighboring horses eating my garden - advise please

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dan_almond

Original Poster:

149 posts

194 months

Tuesday 22nd September 2015
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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

dan_almond

Original Poster:

149 posts

194 months

Tuesday 22nd September 2015
quotequote all
Davie_GLA said:
Whatever happens don't be told to trot on and make sure that there is neigh way you will be liable for the damages.

Who is she to expect you to hoof hundreds of pounds of plants to one side, she needs to reign her neck in.
Thanks Dave. Ill go and stirrup a little wink

dan_almond

Original Poster:

149 posts

194 months

Tuesday 22nd September 2015
quotequote all
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.

dan_almond

Original Poster:

149 posts

194 months

Tuesday 22nd September 2015
quotequote all
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,

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

Original Poster:

149 posts

194 months

Tuesday 22nd September 2015
quotequote all
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!

dan_almond

Original Poster:

149 posts

194 months

Tuesday 22nd September 2015
quotequote all
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!

dan_almond

Original Poster:

149 posts

194 months

Tuesday 22nd September 2015
quotequote all
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,

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

dan_almond

Original Poster:

149 posts

194 months

Tuesday 22nd September 2015
quotequote all
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,

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

dan_almond

Original Poster:

149 posts

194 months

Tuesday 22nd September 2015
quotequote all
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.

dan_almond

Original Poster:

149 posts

194 months

Tuesday 22nd September 2015
quotequote all
Pixel Pusher said:
Cheeky mare. She thinks you be saddled with the repair costs?
Literally having her hay(ke) and eating it!

dan_almond

Original Poster:

149 posts

194 months

Tuesday 22nd September 2015
quotequote all
Pixel Pusher said:
Cheeky mare. She thinks you be saddled with the repair costs?
Literally having her hay(ke) and eating it!

dan_almond

Original Poster:

149 posts

194 months

Tuesday 22nd September 2015
quotequote all
Ill keep you posted!

dan_almond

Original Poster:

149 posts

194 months

Tuesday 22nd September 2015
quotequote all
Jimmyarm said:
Maybe posting in SP&L wasn't such a good idea afterall OP !

As I mentioned in the other thread, I am fairly certain livestock owners have a strict liability regarding any damage the animals cause. Hopefully one of the more informed members will be able to confirm.

Did you see if you have legal cover on your home insurance ?
Ah, they are a good bunch really!

Given the location where these people live, and the language that was directed at me whilst this morning phone call, the idea of taking this one on the chin is in favour. These people are in the wrong, and it is as plain as day to see that, but for circa £300, is it worth the stress of worrying if they play tit for tat, and tip weed killer on the lawn or something.

I have no ties with them, but i wouldn't put it past them to continue this for some time, should i go legal...

dan_almond

Original Poster:

149 posts

194 months

Tuesday 22nd September 2015
quotequote all
JustinP1 said:
That's a choice that at the end of the day only you can make.

The other consideration is that this has happened twice. You can take £300 on the chin, and they believe they are safe just telling you to 'Eff off'. The nightmare would be when it happens for the third time.

You really don't want to go legal over this for a whole host of reasons.

However, a letter explaining the damage and showing photos of the damage won't get you more abuse than you've already got, and when they are not worked up for the fight they may go: "Oh st, the horses did cause a lot of damage - best make sure that doesn't happen again..."
A very good point there Justin!

dan_almond

Original Poster:

149 posts

194 months

Tuesday 22nd September 2015
quotequote all
Hol said:
Can you tension a wire/string across the top length of the fence and connect it too an air-horn. Either electric or canister?

Pressing on the tensioned string/wire as they lean across the fence would operate the horn and scare off the horse.



By air horn, do you means mains electric?

dan_almond

Original Poster:

149 posts

194 months

Tuesday 22nd September 2015
quotequote all
Hol said:
That last one is 12v from a car. It just needs a momentary switch from somewhere like Maplin, a 12v battery (a used backup house-alarm battery would work) and a 12v solar charger to finish.

Its a bit McGyver, but it would definitely scare horses away and switch off immediately.
Thanks. I might have meant mains electric powering the cable wink