The recent ’James Gray’ case has highlighted the serious issue of neglected horses, the consequences of which are not limited to those to whom they belong.
Consequently, farmers and landowners need to be on their guard against the increasing problem of ’fly-grazing’, the unlawful keeping of livestock on privately-owned land, according to Knights Solicitors, a specialist in rural legal issues.
"Fly-grazing may initially appear to be a relatively trivial matter but can quickly become a worrying, expensive problem. Those who are affected by it should seek specialist legal advice at an early stage," warns Tim Ryan, a Partner in the Tunbridge Wells-based firm. Mr Ryan adds:
"Fields which are targeted by ’fly-grazers’ tend to be well maintained, with good hedging or fencing, and the animals seemingly appear out of nowhere in a very short period of time. To gain access, their owners frequently cut the locks off farm gates or cause significant damage to hedges and fences, causing the land owner to incur considerable expense in reinstating the field boundaries to their former condition.
"Three options are available to those who are faced with the problem of trespassing livestock.
"First, where livestock are obviously suffering or in distress, consideration should be given to contacting the Local Authority’s Trading Standards Department or the RSPCA, as there are powers which can be exercised to seize such animals under the Animal Welfare Act 2006.
This is particularly important where ownership of the livestock cannot be established, as under that Act the owner of the land could be held responsible for the animals and for any unnecessary suffering or failure to provide for their needs. Even where they are unwilling or unable to assist, involving such agencies early substantially reduces the risk of the landowner being prosecuted.
"The second option is to exercise the right to detain straying animals under Section 7 of the Animals Act 1971, which arises only when animals are ’not under the control of any person’.
A measure of this might include the presence of padlocks on gates or evidence of regular feeding and other livestock husbandry.
"The third is to apply for a possession order over the fields under Part 55 of the Civil Procedure Rules, which involves fast-track proceedings in the County Court, but this can be expensive and time-consuming.
"Whilst alternative methods can often achieve the same result in much less time, at much lower cost, formal possession proceedings might sometimes be the only way to deal with fly-grazers.
Consequently, farmers and land owners should ensure that they have appropriate insurance in place to cover legal costs and expenses if such a situation arises."