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.