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

============
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!

 

[drssg]

Brian,

I've never known anyone to install two fence lines, and I'm not sure I get it. If the stud will break through one fence line, wouldn't he break through two? I agree with putting a strand of electric wire or tape on top of a good fence. That's what we use with our stud, and he learned to respect the fence line very quickly.

It's obviously your neighbor's responsibility to contain his livestock, but I'm not familiar with enforcement options available or whether "authorities" would think he's doing anything wrong. He has a good fence, and it seems like a judgement call as to whether it is adequate hold the stud.

As a precaution, perhaps a strand of electric wire on the OUTSIDE of your fence would help mitigate the risk? I've seen insulators that stick out about six inches, and this might be enough to prevent him from challenging your fence line. This would be inexpensive, and you wouldn't loose use of your land.

Just a thought,
Rick

 

[Jimbrown]

I agree. I would put elecric along the top of the fence. I would use something like this Electric Fence Supplies: Energizer, Polytape, Insulator, Grounding & Fence Builder Wizard
maybe even on both sides of the fence. I find the poly rope is much stronger than anything else and has far less maintenance than wire or or tape.

 

[N80]

I'd send the registered letter, possibly with reference to the law that was cited above. And then I'd put the electric top wire up. I don't think the solar powered ones are terribly expensive and will serve as insurance for your horses too. This way, you've notified the neighbor in a documented but not overly hostile fashion _and_ you've demonstrated that you are the bigger and better person by protecting yourself. Then, if things fall apart, it is all on them.

I've got two horses, a gelding and a mare, but I don't know anything about them (wife and daughter take care of them). But, on a ranch near my property, when the calves are separated from the cows at weening time, it doesn't make much difference what you put up, at some point a cow or a calf goes through it, from barbed wire, to electric to corall panels. I don't know if a stallion is like that or not.

 

[czechsonofagun]

Our neighbour before getting cows upgraded his old fence to T posts and stretch fence -but one of his dogs was always sneaking under. We kind of lived with it till we got our big white Houdini - great pyneneese. She loves to roam and she will do anything to take a littel walk. She is able to position herself flat to go through a horse gate and for her I run a line of narbed wire on the bottom of T posts to keep her in. It works somewhat - she still can dig under if she sets her mind to it.

Hmm, what I am trying to say - cover your bases, but try to work it out with the neighbour. Nobody will risk law suits or what not b/c of an old fence.

 

[Cottonhawk]

I'd send a registered letter to the neighbor stating the situation and concerns and offer to work with him to resolve the problems. Most people I know are reasonable and do not want to fight or get nasty about these type of things.

 

[rox]

I would just do nothing. I would not spend my money to protect myself against my neighbors animals, they are supposed to keep their animals on their property. You have talked to them and they have decided to do nothing. IF anything in the future happens it will be on them. My grandma had a saying for ties like these, "Don't borrow trouble" just let it go. The only ither thing you could do would be to have a casual conversation in the presence of un-biased witnesses. It is worth it to get along with your neighbors, really really worth it. But I wouldn't spend any money on it.

 

[n8wrl]

Well, a letter may be in order. We hardly see the them in the yard and they've disconnected the phone number we have for them.

 

[Jimbrown]

Well i have to agree with ROX. A letter I don't care how well written will probably not be well recieved. And probably will cause much anger. It would to me even if I was wrong. Just bite it, put up some electric fence. And then disapliene (sp) their horse. If you catch it on the fence do not hesitate to whack it hard with a whip or stick or 2X4 if necessary. It will soon learn to stay away from the fence. Hard but appears to be necessary in your case.