Sheep in Garden
Doug
The neighbouring farmer has put sheep into the field next to my house
BUT the existing fencing is totally inadequate to keep them out of my
garden.
I have asked him to twice to rectify the matter but so far he has done
nothing.
I am constantly having to chase sheep out of the garden and they are
doing a lot of damage to flowers and shrubs.
Is the farmer liable for the damage?
Is the onus on the farmer to put suitable fencing to keep his stock in
his field?
Thanks
Doug
adrian boliston
I'm sure there is a law somewhere that says you can keep and eat apples
that fall from a neigbours apple tree into your garden.
Perhaps this law extends to sheep as well?
DGArgue
I suggest you go to a good firm of land agents/agricultural surveyors in your
area rather than a solicitor as the law is complicated.
First thing is to look at your deeds and see if there is anything there about
an obligation to fence. Often where a landowner sells off a plot for building,
he will make the buyer responsible for fencing because the scenario you
describe is by no means unusual!
I am in Scotland and a small farmer. When my neighbour's sheep started straying
onto my land I asked him politely if we could jointly do something about the
fence. He said there was nothing wrong with the fence! As there were other
annoyances, I decided on the extreme measure of taking him to court -- and lost
the case!
This apparently comes (in Scotland) under a very old act of parliament (Fences
and Dykes Act 1600 or something). The owner of the stock chooses what fencing
would be appropriate (my neighbour chose the most expensive option -- of
course) and the costs are then shared. The aggrieved party can opt for the
status quo and put up with the trespassing animals.
Sorry if this does not help. But it might do. You will probably assume your
neighbour is in the wrong but he may not be.
Phillip Morris
<Doug> wrote in message news:3b228814...@news.demon.co.uk...
You will probably have a legal action in nuisance. Below is a brief extract
from Matthews v Wicks and others (1987) which is on point.
PJM
Matthews v Wicks & Others
Court of Appeal (Civil Division)
The Times 25 May 1987, (Transcript:Association)
HEARING-DATES: 22 May 1987
22 May 1987
The plaintiff is, and has been since 1920, a member of the Forest of Dean
Commoners' Association. He lives at 147 High Street, Cinderford which is
within
the Hundred of St Briavels. He has run sheep in the Forst of Dean since
he
was 12 years old. In February 1986 he had 33 ewes and "followers". His
ewes
were in lamb. During the night of 31st January or early in the morning of
1st
February 1984 some 23 of his sheep entered the garden of the defendants at
99A
Victoria Street, Cinderford. They were seen in the garden at about 7 am and
they had by then done considerable damage to the plants. The cost of
replacing
plants destroyed by the sheep was assessed by the judge at L250. The
general
damages, in particular for the loss of enjoyment of the garden during the
spring
and summer of 1984, and thereafter, caused by the destruction of the mature
and
maturing shrubs and perennials, were assessed at L350.
The plaintiff began the proceedings and the defendants counterclaimed for
damages done. This expensive litigation came about because a combination of
unfortunate circumstances. The defendants are keen gardeners and had spent
much
time and effort upon their garden. They were very cross over what they
called
the devastation done by the sheep. They decided to retain the sheep
under
section 7 of the Animals Act 1974. Their purpose was to detain the sheep
until the owner of the sheep should tender such amount as was sufficient
to
satisfy their claim under section 4 for damage done by the trespassing
sheep.
The plaintiff learned where his sheep were and he went to see his
defendants.
The defendants asked for L250 in compensation. The plaintiff offered L40.
The
defendants released a number of the sheep and detained the remaining 14
sheep for about two weeks: the sheep were cared for by a farmer and were
fed
at the expense of the defendants. The plaintiff then began proceedings in
the
County Court on 14th February in which he claimed an order for the return of
his
ewes and damages for their detention. On 17th February an order was made
for
the return to the plaintiff of his 14 sheep on condition that he paid into
court the sum of L500 to abide the event and pending determination of his
claim.
The defendants' counterclaim was based on trespass under section 4 of the
Animal
Act 1971 and, in the alternative, on the ground that the trespass was caused
by
the negligence of the plaintiff. There was in addition a claim for L36.74,
the
cost of feeding the sheep while they were detained.
John Aidiniantz
trespassing.
--
Yours faithfully,
JOHN AIDINIANTZ
www.homepage-link.to/Justice
"adrian boliston" <adr...@boliston.com> wrote in message
news:3B22B23B...@boliston.com...
don Genaro
> >
> > Hi
> >
> > The neighbouring farmer has put sheep into the field next to my
house
> > BUT the existing fencing is totally inadequate to keep them out of
my
> > garden.
> >
> > I have asked him to twice to rectify the matter but so far he has
done
> > nothing.
> >
> > I am constantly having to chase sheep out of the garden and they
are
> > doing a lot of damage to flowers and shrubs.
> >
> > Is the farmer liable for the damage?
> > Is the onus on the farmer to put suitable fencing to keep his
stock in
> > his field?
>
>
steve
"John Aidiniantz" <londo...@mail.com> wrote in message
news:9fvna2$3f7$1...@uranium.btinternet.com...
> The farmer can be sued for trespass even though it is his sheep which are
> trespassing.
>
>
> JOHN AIDINIANTZ
I would suggest criminal damage rather than trespass.
Steve
welsh witch
were so very hungry they then ate the sun bed cushions I had hung on the line...Our
neighbouring farmer said the owner of the sheep was completely broke and she had been
throwing them hay etc If they are hungry they'll break through any hedge to look for
food..In consideration of the fact that we're not broke we bought our cabbages at
Sainsbury's and kept our mouths shut inless eatin same cabbages!!
--
http://members.aol.com/jstokes202/venator.htm
http://www.jewelion.com/postcards/default.htm
tm
don Genaro <Dan.Sco...@btinternet.com> wrote in message
news:9fvvrp$2ds$1...@plutonium.btinternet.com...
Ian Dickson
<phillip...@hotmail.com> writes
>
><Doug> wrote in message news:3b228814...@news.demon.co.uk...
>> Hi
>>
>> The neighbouring farmer has put sheep into the field next to my house
>> BUT the existing fencing is totally inadequate to keep them out of my
>> garden.
>>
>> I have asked him to twice to rectify the matter but so far he has done
>> nothing.
>>
>> I am constantly having to chase sheep out of the garden and they are
>> doing a lot of damage to flowers and shrubs.
>>
>> Is the farmer liable for the damage?
>> Is the onus on the farmer to put suitable fencing to keep his stock in
>> his field?
>>
>> Thanks
>>
>> Doug
>>
>>
>
>You will probably have a legal action in nuisance. Below is a brief extract
>from Matthews v Wicks and others (1987) which is on point.
>
I wouldn't be too sure about that.
The Forest of Dean has many strange and ancient laws, in particular with
reference to sheep and mines and freemen of the Forest.
The right of sheep to freely wander has long been a local cause of
friction.
--
Ian Dickson http://www.iandickson.com
Sales Oriented Interactive Calculators and Content for IFAs
Useful Internet Compliance Guide
Po Box 240, Gloucester, GL3 4YE 01452 862637
OK?
"don Genaro" <Dan.Sco...@btinternet.com> wrote in message
news:9fvvrp$2ds$1...@plutonium.btinternet.com...
>
Pervert !
dg
Lamb chops for dinner me thinks. Get yourself a large freezer.
Or put up a sign saying "Mint Sauce" or "Foot and Mouth". That will make 'em
think twice before entering.
Seriously, any landowner is responsible for preventing "things" escaping
from their land and any subsequent damage. It is NOT up to you to prevent
them getting in.
Perhaps a letter explaining your intention to pursue a compensation claim
may liven him up a bit?
dg
lurker
Whoever wrote > > > >
> > > > Hi
> > > >
> > > > The neighbouring farmer has put sheep into the field next to my
> > house
> > > > BUT the existing fencing is totally inadequate to keep them out of
> > my
> > > > garden.
> > > >
> > > > I have asked him to twice to rectify the matter but so far he has
> > done
> > > > nothing.
> > > >
> > > > I am constantly having to chase sheep out of the garden and they
> > are
> > > > doing a lot of damage to flowers and shrubs.
> > > >
> > > > Is the farmer liable for the damage?
> > > > Is the onus on the farmer to put suitable fencing to keep his
> > stock in
> > > > his field?
I find this so sad .
I think the originator of this post should count their blessings rather than
the sheep as they go to sleep tonight<g>
Blessed are they who can afford a house in such a rural location as to be
so afflicted by sheep.
Blessed are they who are living in a rural area where sheep are still to be
found grazing -especially after the prolonged culling and the devastation
of some areas through foot and mouth.
Blessed are they who only have to contend with sheep trashing their garden
and not young hooligans from the local council estate nightly throwing
bricks through the windows or committing burglary and generally wreaking
havoc in the neighbourhood.
Blessed are they whom nature has seen fit to endow with a source garden
fertiliser , free of charge and delivered directly onto the ground<g>
.... and so well packaged too , you should try having cows in the garden ,
their packages are rather more messy and liberally spread<g>
So blessed are they that they should consider putting up a fence themselves
rather than harassing the poor beleaguered livestock who are simply paying a
neighbourly visit to an obviously inviting garden - and stop complaining.
What will the so blessed complain about next? The cockerel at the free range
egg farm crowing at dawns early break? Or indeed the dawn itself for
breaking so early? Or just simply the blackbirds nesting in the neighbours
hedge and crapping on their new car?
Such is nature and rural life - if you dont like it, live in the town.
granp...@hotmail.com
I may be joking, but what would this do the the balance of the equation?
If you want to keep livestock you should put up adequate fencing, try to be a responsible owner, and considerate of your neighbours as you would like them to be considerate of you and your animals. If I had a dog the farmer would hope, even expect, that I keep it off his land. But most of them seem unwilling to display the same consideration.
dolf
SOMEONE IS TRYING TO TOUCH THAT WHICH IS SACRED TO US? HEAR OUR PAIN, THEY
ARE NOT JEWS
(c) 2018 Dolf Leendert Boek, Revision: 5 July 2018
RAS MIKAERE ENOCH MC CARTY (MOAU...@HOTMAIL.CO.NZ) @ 0457 HOURS ON 5 JULY
2018: "Thanks Adolf For Your Kind Words.
Do You Actually Think That People Read Your Gibberish?
<http://www.exorcist.org.nz>
<https://www.facebook.com/rasmikaereenoch>
AT LEAST MY ARTICLES / POSTINGS ARE EASY TO READ.
YOURS TRAGICALLY IS A LOAD OF UN-ASSOCIATED VERY STRANGE BIZARRE
NONSENSICAL AUSTRALIAN STUPIDITY.
I KNOW AUSTRALIANS WHO PRESENT THEIR VIEWS IN A CONCISE MANNER --- SO WHY
CAN'T YOU BE LIKE THEM ?
REALLY ADOLF --- YOUR POSTING RESEMBLE THE RAMBLINGS OF A TRULY INSANE
PERSON. IF YOU ACTUALLY SPENT SOME TIME WRITING THEM AND MAKING THEM MAKE
SOME SENSE THEY MIGHT ACTUALLY WORK FOR YOU.
BUT AT THIS MOMENT, THEY LOOK LIKE INSANE GIBBERISH.
TAKE CARE ADOLF."
DOLF @ 1758 HOURS ON 5 JULY 2018: "IT IS YOUR POSTS WHICH ARE INCOHERENT
AND CONDEMNATORY WORDS OF NEO-NAZI HATRED ARE NOW A CURSE UPON YOUR OWN
HEAD AS PERVERSE DECEITFUL SOUL:
It has taken you 5 months to reply but we can see through the LIPSTICK ON A
PIG as being TYPICALLY ISLAMIC IDOLATRY which appears to be the nature of
your religious belief, whereas in response to this narrative sent to
various Jewish HOLOCAUST museums within Melbourne / Sydney and the MIKDASH
ULTRA-ORTHODOX JEWISH EDUCATION CENTRE within Jerusalem, the media response
was: "Lawmaker Yinon Azoulay (Shas) said Wednesday that Reform Jews 'are
not Jews' and blamed the minor quakes in the Galilee Wednesday morning on
the lobby to build an egalitarian prayer space in the Western Wall.
Speaking at a Knesset debate on the contested mixed-gender prayer space in
the Western Wall, Azoulay said: 'Today we heard there was some kind of
earthquake, maybe we should do some soul-searching that this earthquake was
because someone is trying to touch that which is sacred to us? Hear our
pain, they are not Jews.'"
<https://www.haaretz.com/israel-news/.premium-ultra-orthodox-lawmaker-blames-earthquake-on-reform-jews-1.6244037>
AND ITS TIMESTAMP CONVEYS A FASCIST IDENTITY WHICH YOU ARE BY SELF IMPOSED
HAUGHTY PIETY FALSELY CONVEYING UPON ME:
#334 as [#40, #4, #200, #20, #10, #20, #40] = derek (H1870): {#1 as #224 %
#41 = #19} 1) way, road, distance, journey, manner; 1a) road, way, path;
1b) journey; 1c) direction; 1d) manner, habit, way; 1e) of course of life
(fig.); 1f) of moral character (fig.)
H3054@{
@1: Sup: 40 (#40); Ego: 40 (#40),
@2: Sup: 35 (#75); Ego: 76 (#116),
@3: Sup: 45 (#120 ***); Ego: 10 (#126), <-- *MAPPED* {#120 / #224 /
#288} *TO* *EGYPTIAN* *ANKH* / *ROMAN* *IMPERIAL* *EMPIRE* *GOVERNANCE*
*PROTOTYPES* #EIGHT: #120 / #360
@4: Sup: 50 (#170); Ego: 5 (#131),
@5: Sup: 54 (#224 ***); Ego: 4 (#135 ), <-- *ISLAMIC* PROTOTYPES {#345 /
#405 / #465} AS STOICHEION CONCEPTIONS OF EARTH, FIRE, AIR, WATER]
@6: Sup: 64 (#288 ***); Ego: 10 (#145),
@7: Sup: 23 (#311); Ego: 40 (#185),
Male: #311; Feme: #185
} // #509
T'AI HSÜAN CHING {POLAR OPPOSITIONS / INTERPLAY OF OPPOSITES} [4 BCE]:
UMBRA: #19 % #41 = #19 - Argument for Ethical Anarchism, Returning to
Simplicity; I-Ching: H57 - Compliance, Gentle Penetration/Wind, Ground,
Calculations; Tetra: 58 - Gathering In;
THOTH MEASURE: #19 - Oh Uammetu, who makest thine appearance at the Block;
*I* *COMMIT* *NOT* *ADULTERY* *WITH* *ANOTHER'S* *WIFE*.
#VIRTUE: Following (no. #19) means dispersing, but
#TOOLS: Massing (no. #59) means assembling.
#POSITION: With Ease (no. #23), the level and smooth, but
#TIME: With Difficulties (no. #79), the going up and down.
#CANON: #180
#509 as [#40, #400, #10, #5, #4, #10, #40] = yahad (H3054): {UMBRA: #5 as
#19 % #41 = #19} 1) (Hithpael) to become a Jew (in fact or in fraud),
become Judaised
REPLY #1 OF #4 AS REFUTATION OF RELIGIOUS IDOLATRY: "MACRON URGES FRENCH
YOUTH TO TAKE UP MAKEUP CLASSES"
<http://www.grapple369.com/docs/Cosmeticus.pdf>
REPLY #2 OF #4 AS REFUTATION OF RELIGIOUS IDOLATRY: "HYPOTEÍNOUSA: (rarely:
hypothenuse) TO HYPOTHESISE BY RATIOCINATION WITHIN MEASURED BOUNDS OF
DIVISION WITHOUT AN INCOMMENSURATE BIAS
<http://www.grapple369.com/docs/Hypoteinousa.pdf>
REPLY #3 OF #4 AS REFUTATION OF RELIGIOUS IDOLATRY: "YOU WILL BE GETTING
#168 - CONDEMNATION UPON THIS CENTENARY REMEMBRANCE / ARMISTICE DAY 11
NOVEMBER 2018!"
<http://www.grapple369.com/docs/Years%20Condemn.pdf>
REPLY #4 OF #4 AS REFUTATION OF RELIGIOUS IDOLATRY: "FACILITATING COGNITIVE
CONSONANCE AND AVOIDING DISSONANCE AS PERCEPTIONS OF REALITY"
<http://www.grapple369.com/docs/Reality.pdf>
- Dolf
Initial Post: 5 July 2018
YOUTUBE: "The Meerkat Circus"
<https://www.youtube.com/watch?v=H-7OuqWi4vQ>
SEE ALSO AS RELATIONSHIP: *INVALIDATING* {Perennial philosophy (HETEROS
{#390 - ROBBERS} v’s HOMOIOS {#391 - STEWARDS OF GOD’S HOUSE} THEORY OF
NUMBER) as universal of right and wrong...} *THE* *ORTHODOX* *AND* *ROMAN*
*CATHOLIC* *CHURCH'S* *CLAIM* {#390 as 1, #100, #80, #1, #3, #5, #200 as
harpax (G727): {#11 as #242} 1) rapacious, ravenous; 2) a extortioner, a
robber} *TO* *JUBILEE2000* *AS* *BEING* *DELUSIONAL* *AND* *FRAUDULENT*
Private “Saint Andrews” Street on the edge of the Central Business District
dated 16th May, 2000 - This report is prepared in response to a TP00/55 as
a Notice of an Application for Planning Permit
<http://www.grapple369.com/jubilee2000.html>
SEE ALSO: HYPOSTASIS as DAO OF NATURE (Chinese: ZIRAN) / COURSE (Greek:
TROCHOS) OF NATURE (Greek: GENESIS) [James 3:6]
Chinese HAN Dynasty (206 BCE - 220CE) Hexagon Trigrams to Tetragram
assignments proposed by Yang Hsiung (53BCE - 18CE) which by 4BCE
(translation published within English as first European language in 1993),
first appeared in draft form as a meta-thesis titled T'AI HSUAN CHING {ie.
Canon of Supreme Mystery} on Natural Divination associated with the theory
of number, annual seasonal chronology and astrology reliant upon the seven
visible planets as cosmological mother image and the zodiac.
It shows the ZIRAN as the DAO of NATURE / COURSE-trochos OF NATURE-genesis
[James 3:6] as HYPOSTATIS comprising #81 trinomial tetragrammaton x 4.5 day
= #364.5 day / year as HOMOIOS THEORY OF NUMBER which is an amalgam of the
64 hexagrams as binomial trigrams / 81 as trinomial tetragrammaton rather
than its encapsulated contrived use as the microcosm to redefine the
macrocosm as the quintessence of the Pythagorean [Babylonian] as binomial
canon of transposition as HETEROS THEORY OF NUMBER.
<http://www.grapple369.com/nature.html>
The Charter of Human Rights and Responsibilities No. 43 of Act 2006 defines
a "PERSON MEANS A HUMAN BEING” and the question is, if it is permissible to
extend this definition to be a "PERSON MEANS A HUMAN BEING AS A CONSCIOUS
REALITY OF HOMO [iOS] SAPIEN [T] WHO IS INSTANTIATED WITHIN THE TEMPORAL
REALITY AS THEN THE CAUSE FOR REASONING AND RATIONALITY."
That my mathematical theoretical noumenon defines the meta-descriptor
prototypes which are prerequisite to the BEING of HOMO [iOS] SAPIEN [T] as
EXISTENCE / *OUSIA*.
<http://www.grapple369.com/Grapple.zip> (Download resources)
After all the ENNEAD of THOTH and not the Roman Catholic Eucharist,
expresses an Anthropic Cosmological Principle which appears within its
geometric conception as being equivalent to the Pythagorean
TETRAD/TETRACTYS