The Horse Forum

The Horse Forum (
-   Horse Law (/horse-law/)
-   -   Can't use my own pasture ! (

gary lancaster 11-03-2012 02:50 PM

Can't use my own pasture !
Yes, We have two mares and the neighbors have a breeding stallion.Problem is , we both share the same fence line that we put up ourselves, when we were the first ones to buy a track out here , before everyone else. We have two sections on our property that we turn them out on. But when we want to rotate and put them on the other side full of grass, because they have eaten down the other side, we can't, causing us to have to dip into our hay sooner then we want to, or buy some, which isn"t cheap, just because they told us we have to move our mares, because their bringing back their stallion to their pasture. Question" Don;t we have the right to turn out our mares on our own property?. They think they own everything around, just because they have a world champion stallion.Is there a law that they would have to make a fence, where he could not get over to our mares, so we could use our land?. Why should we have to buy only geldings to suit them. Hey!, we might want to raise a foal ourselves. And no, not buy their stud!
Any help, or legel advice in this problem would be much appreciated!

themacpack 11-03-2012 02:54 PM

They can tell you whatever they like - that does not, however, mean you had to listen and obey.
What is the structure of the fence? Is it sufficient to keep their stud out of your property? (not saying it is right that you should have to fence to keep their horse out vs. your horses in, but realistically, when it comes to preventing an unwanted breeding the issue of fair/right goes out the window imo and protecting MY horses becomes my priority)

BarrelracingArabian 11-03-2012 02:56 PM

Maybe you can put up a double fence and an electric fence as well to keep your mares in. I don't believe they have any right to tell you you cant use your land. However I would take as many precautions as possible to keep the mares separated from the stallion. Even just keeping your mares out when you can supervise them and bringing them in at night or something along those lines.
Posted via Mobile Device

Chevaux 11-03-2012 03:19 PM

I don't know where you are but where I am we have the Line Fence Act and an Animal Control Act for the province. The Line Fence Act addresses shared costs on a communal fence line and some other do's and don'ts (it also includes an arbitration process if both parties cannot come to agreement); and the Animal Control Act basically says do what you have to keep your animals on your property. Perhaps there is similar legislation in your area? It seems logical that special care needs to be taken with a stallion (or, for that matter, a bull, etc) so the onus should be on them to keep him home. Besides, if he's such a world champion stallion, you would think they'd be bending over backwards to "protect" him from potential incidents as fencing fighting and crashing through it.

I know it's water under the bridge now but when you first put up the common fence, it probably would have been a good idea to have gone with a double fence. I've seen a few of them here with acreage properties. Each landowner basically moves his/her fence about five feet so away from the property line leaving a strip of neutral land that keeps each others livestock (horses in particular) from associating and fighting over a fence line. I realize it's a big chunk of work and money but is that a possibility between the two of you?

I don't use electric fence but I know a number of other members do so I'm sure they will generously quote costs and set up. I think in your circumstance, until you get things resolved with the neighbour, an electric fence set up away from the common fence line could be done quickly and relatively inexpensively so you can use your land.

Good luck.

deserthorsewoman 11-03-2012 03:44 PM

I don't know the actual law in your area, so I can't comment on that. Im in a similar situation, tho, with a mare on my side and a soon to be 3 year old colt next door. I would find out about the actual law first, then go and try to talk to the neighbor. Since I also have a fence up on the actual border, I would suggest to neighbor to make the borderline fence high enough for them to not reach over and set a normal high fence inside the borderline on both sides. That can be done relatively cheap with extension insulators and electric wire or tape. If neighbor doesn't agree to do so, the inside electric strand just has to come further inside.
That way you would do your part and in case neighbor doesn't contribute and his stallion gets hurt, it's his problem.

Speed Racer 11-03-2012 03:47 PM

So much depends on in what part of the world you reside. Even if you live in the US, it varies by state and even local municipalities concerning who is responsible for keeping stallions out or properly contained.

Your best bet is to contact your local zoning commission and find out the regulations in your area.

QOS 11-03-2012 03:58 PM

Don't know where you live but perhaps you could speak calmly to neighbors about putting in a fence on their side of the line or take your fence down all together :twisted: if they aren't amiable to that. Gee...then they'd have to put up a fence to keep Studdy Poo on their property. Other suggestion is move your fence 2 or 3 feet over and put an electric fence on their side :twisted: as you are still on YOUR property. :twisted:

I am all about playing fair but would be pretty dang torqued if I they were telling me to move my mares. Of course, some old mares will give a stallion a run for his money (actually he'd be knocking on their door like the guy in Ghost Busters "L-E-T M-E I-N-N-N-N-N".) Our barn owner used to have 10 stallions she bred. Her first stallion, Amir, was a sweet old fellow, but in his younger days Ms. Jean decided to pasture breed him and turned him out with two mares....that promptly kicked his ass up around his neck. :hide: Dang near killed the old boy. He didn't want anymore of that!!

AlexS 11-03-2012 04:27 PM

How appalling. I'd be really tempted to put up a couple of fences to protect your horses, with the outer one being razor wire.

nvr2many 11-03-2012 04:36 PM


Northernstar 11-03-2012 05:23 PM

Welcome to the forum, Gary! Many good pieces of advice already given - I would personally begin by making that call First thing Monday morning to your local zoning commission as Speed has suggested - tell them the exact situation, and if they don't seem to be 'horse-wise', explain the extreme difficulties/dangers that may occur. Write everything down (and get the personnel's name) that they say are your rights/laws in your area, and take it from there. Good luck, and I hope this can be resolved quickly and with no further cost/headaches for you!!

All times are GMT -4. The time now is 02:36 PM.

Powered by vBulletin® Version 3.8.8
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
User Alert System provided by Advanced User Tagging (Pro) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.

For the best viewing experience please update your browser to Google Chrome