Fence & Neighbor's Stallion

[n8wrl]

We live in rural SC with four horses on 20+ acres (2 mares, 2 geldings). A couple of years ago new neighbors moved in next door with two mares. Previous owners had no horses so our t-post+high-tensile was fine. New neighbors put up nice, 5' 2"x4" galv mesh.

Now they've brought in a stallion and he's challenging the fence, especially when my mares are in season. We've gone so far as to pen them up away from the fence. Neighbors don't think they need to do anything else with the fence because "it is your horses that get close and excite him". Several places I've read about fencing for stallions recommend dual-fencing 6' apart. At the very least electric?

When I discuss this with them they seem cooperative - I've offered to help install - but it never happens. I guess I could just build the extra fence on my side but I'm not excited about the expense or loss of 6'x several hundred feet of my land. Plus, should I have to build a fence to keep my neighbor's horse out? What's the protocol here?

Thanks in advance for any advice...

-Brian

 

[Mike120]

It would not cost much to get a solar fence charger, some longer t-posts/ insulators and just put a couple of hot wires on the common fence line. We never had any problems with our stallion getting out of his paddock. All we use is electric braid and ALL of the horses have a great respect for the fencing.

 

[LMTC]

So if your neighbors had an aggressive dog behind a flimsy fence and someone walked down the street just outside their fence (on public right of way) and the dog broke through and attacked would the person walking be responsible because they "excited" the dog? Of course not. Their response is a self serving rationalization. Seems to me that what you do depends on whether you think you can salvage a good relationship with them, and how much you're willing to endure to do that. Me.....I'd make sure I documented (as in letter to them) that I advised them I've seen the stallion pushing at the fence and list your concerns; then I'd let a mare out while I stood by with a phone and a camera. Camera for pics when the stallion breaks out of their fence and into mine, and phone to call the sheriff when it happens...then I'd call the neighbor. Around here it is the owner's job to fence IN unless there are specific deed constraints (i.e. we bought land from a huge dairy farm and accepted a deed condition that WE are responsible for fencing their cattle OUT from one of our property lines)

There are undoubtedly a lot of steps in between that you may want to consider, but I went through a fence dispute with a "neighbor"(not the dairy farm). In the end I realized that everything I did was simply appeasement....a one-way street....and I had to end up resorting to the law. All I gained for waiting nearly two years was to absorb a lot of grief and some expense while the "neighbor" made absolutely no changes or adjustments. Make sure to confirm local ordinances re: fencing before making any assumptions. Best of luck, tough situation.

 

[riptides]

because "it is your horses that get close and excite him".
-Brian

Gosh,

Your dealing with...... idiots.....

Let him challenge the fence, he will not be the better for it. Bill your neighbors for the damage, and your pregnant mares. When the new foals come, send the vet, feeding and new stall bills to them too....

-Mike Z.

 

[Tig]

I have property in a township that has a fence arbitraitor. He is the law as far as fences go and will decide issues such as placement and distribution of cost. Check with your local municiple government.

 

[k6dyc]

Unlike here in Colorado, SC seems to be a 'fence-in" state. It appears that owners are responsible for fencing to keep their livestock contained. The following is from CODE OF LAWS OF SOUTH CAROLINA ANNOTATED TITLE 47 ANIMALS, LIVESTOCK AND POULTRY CHAPTER 7

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47-7-110. Permitting domestic animals to run at large unlawful.
It shall be unlawful for the owner or manager of any domestic animal of any description wilfully or negligently to permit any such animal to run at large beyond the limits of his own land or the lands leased, occupied or controlled by him. Any owner, manager or person violating the provisions of this section shall be subject to a fine for each offense of not more than twenty-five dollars or to imprisonment for not more than twenty-five days.

47-7-130. Liability of owners of trespassing stock.
Whenever any domestic animals shall be found upon the lands of any other person than the owner or manager of such animals, the owner of such trespassing stock shall be liable for all damages sustained and for the expenses of seizure and maintenance. Such damages and expenses shall be recovered, when necessary, by action in any court of competent jurisdiction. And the trespassing stock shall be held liable for such damages and expenses, in preference to all other liens, claims or encumbrances upon it.
==========

You might be able to use this to your advantage. However, check my facts before you act, after all, this info was obtained from the Internet.

 

[EddieWalker]

Since there is the potential for damage to the fence and your animals from the neighbors animal, I'd start documenting everything. I'd also let the neighbor know that it's his responsibility to keep his animal under control, and inform him that you are making notes of your conversations. Do this everytime you talk to him, and everytime you have a problem with his horse. If the horse does cause any damage to the fence, take pictures of the damage. Even better, get pictures of it happening!!!

I spent 8 years as a union steward and I won every case I had because of my notes. If you can reference that you had a conversation with your neighbor about the fence on such and such a date, and to also be able to quote his responses, is a huge piece of ammunition if there is a problem in the future.

Right now, you don't know what that horse will do, but you are concerned, so you have some thoughts of what might happen. If he destroys the fence, crosses into your land, destroys parts of your property and/or your animals get injured, than he's responsible for this. If it's several thousands of dollars in damage, he very well might not want to do the right thing and forget all your earlier conversations. It happens.

Good luck,
Eddie

 

[k6dyc]

Eddie echoes my sentiments, take lots of contemporaneous notes; dated and timed as things happen. The easiest solution is to follow Mike's advice and get an inexpensive electric hot wire on top of the existing fence. If you can't get your neighbor to do it, make the investment yourself. It will solve the problem and make for much a much better neighbor relationship.

 

[CurlyDave]

Even better than notes, send him a certified letter, outlining your concerns. This way there is no doubt about exactly what he has been told. Plus you get to write this down at your leisure, instead of having to respond to his comments in real time, where you might say something you could come to regret.

I always send certified letters with the service where I get a confirmation of delivery, but the recepient does not have to sign for the letter. That way he can't refuse delivery of the letter.

Then take pictures, etc.

 

[Bird]

I spent 8 years as a union steward and I won every case I had because of my notes.

And I spent 13 years as a police captain and won every case I had, even when the employee had union representation and/or attorneys, perhaps for the same reason; DOCUMENTATION, and I hope being fair and right!