AS animals go out to grass , it is vital to ensure land security borders are adequate and stock-proof , with several recent incidences highlighting how farmers may be responsible , even if damage has been caused by external influences .

Ultimately , if an animal escapes from farm-land , it is often likely that it will be the farmer holding responsibility , even if the damage to fencing was as a result of the actions or even negligence of a neighbour .

“ We are certainly seeing increased numbers of disputes from seasonal grazing ,” explains Matt McWhirter of insurance brokers Farmers & Mercantile .

“ You may be running a closed herd to high-health status , and a neighbour ’ s farm is not . If there is the potential for transmission of disease such as BVD due to failed fences or insecure borders , it is difficult to pin-point culpability , but of course the damage is already done .”

It is not just the health issues to consider , an escaped animal can cause not only financial loss , but also potential for heavy personal injury claims in the event that it causes a road traffic collision or causes harm to members of the public . Farmers could also be liable for damage done by the livestock to land and property of others .

In the event of livestock straying on to land in the ownership of someone else , the livestock owner is liable not only for any damage caused to the land or property , but also any costs incurred for the upkeep of the animal during this period .

It may not always be an act of negligence or damage caused by the farmer , but culpability may ultimately land in his corner . An

example was the case in which a farmer advised his non-farming neighbour that the trees along his driveway were old and rotten , and needed felling . Despite offering to provide this service , or for them to be felled into his field for ease of disposal , the neighbour refused .

Subsequently two trees have fallen , damaging the farmer ’ s fencing and making it inadequate as a stock-proof security border . The neighbour will not engage and subsequently the farmer is forced to repair fencing as and when required and hope animals do not escape in the interim .

Although the farmer ’ s public liability policy does mean he is covered in the event of his stock getting out and / or causing

damage , it would be advisable to include a rural protect policy , according to Mr McWhirter .

“ In the event of being in dispute with a neighbour , a rural protect policy will help to cover legal expenses and costs . Basic cover starts from around £ 200 to £ 300 , and given the potential amount of time and the problems in such matters , it can be considered a wise investment .”

Mr McWhirter feels that concerns with fencing is a constant problem , and urges taking a pro-active approach to minimise risk .

“ For those that graze cattle or sheep away from their own premises , it is crucial to identify exactly who is responsible , the animal owner or the field owner .

Get this agreed clearly and in black and white before moving any livestock .

“ There are also seasonal issues , particularly with many dairy farmers allowing grazing with sheep later in the year . Is a fence used for cattle likely to also be sheep-proof ?”

As well as the general health , welfare and security of animals , it should also be noted of potential risks to the public , particularly in areas of public access . Claims have been made for injury caused by a fall from an improperly maintained stile , on a footpath crossing farm-land .

Mr McWhirter continues , “ You should also be aware of the environment . If you are neighbouring ancient woodland , there

are many restrictions on cutting down trees and you need to be aware should this potentially cause hazards further down the line . Apart from the general security of your farm property and your livestock , the time and effort spent on regular costly repairs will add up .”

Wherever possible , it is always best to maintain contact with neighbours , often the title documents of the farm and neighbouring properties will determine the obligation to fence , and the standard specification of any fencing , its maintenance and repair . In instances when relationships have broken down , the addition of a rural protect policy will certainly help cover legal costs .