Who is responsible?

[Hepsibah]

If I own a hayfield and my neighbour decides to put his cattle in the field next door, who is responsible for keeping the cattle out of the hay? Real life situation is that the boundry is mine but the cattle keep breaking through and eating the crop of hay but my neighbour is sure this has nothing to do with him.

[Wormella]

I'd have thought the cattles owner would be responsible

[the.fee.fairy]

i would have thought it would be the owner of the animals.

I'm not in agriculture at all (worse luck) but i do own a dog! I'm responsible for his behaviour, and if he wrecked something that belonged to the neighbour, or managed to break the boundary down, i would be responsible.

[Hepsibah]

After doing a bit of research, it would seem that the owner of the cattle is responsible for fencing them in. http://www.webtribe.net/~shg/Animals%20 ... %2022).htm Take a look at section 4 and 5 and see if you agree.
The land in question isn't mine, it's my landlord's and my poor husband keeps having to repair the fence. He hasn't had his dinner on time in a week!

[Boots]

Here in Aus, the owner is responsible, to a degree. We have livestock laws that protect cattle owners in the event of travel accidents that result from straying animals, but generally damages would remain the responsiblity of any strays owners.

Problem that arises in your situation is the fenceline. Here, in Aus, we have shared boundary responsibility - but you say you are responsible for the fenceline? If so, you need to fix the fence.

The more fuss you make about the cattle, the more cause you show for him to demand repairs to the fence. So, that presents a bit of a catch 22 for you, if the fenceline is your sole responsibility.

Round here folks will generally offer compensation for damages, because its usually much cheaper than a new fence. If not, a complaint of that kind would initiate a heap of fence quotes.

[den_the_cat]

I doubt the owner of the cows is responsible if the fence isn't of decent quality, unless the cows would cause a danger in some way (like getting on the road)

[Luath]

this has come up with us before, we live next to a farm. The onus is on the owner of the animals/livestock to keep them securely fenced and stop them straying. Our Eastern boundary still requires attention, which we will get around to thsi autumn, but the farm have post and wire and electric fences to stop the cattle getting into our garden over what is left of the previous owner's fence there. Likewise, I am responsible for my poultry if they get out into the neighbour's garden - it's my fault if they get killed by their ***** alsations. The onus is on me to keep them secure,a nd be responsible for any damage occurring.