- The onus is always on the owner of livestock to control it by fencing or other means so that it does not stray onto other people’s land, or onto public highways. Livestock includes cattle, horses, mules, sheep, pigs, poultry and captive deer, pheasants, partridge and grouse. Dogs and cats are not included, nor are ‘exotic’ animals. Control of the latter may be included under Acts governing the ownership of dangerous animals.
- If livestock stray onto a public highway, the owner is liable for any damage or injury caused, if he was negligent in allowing the livestock to escape there. For example, if the fence were found to be defective, the owner would be liable. But if it was found that a gate had been left open by someone else, that person may be liable.
- An owner can be fined for livestock found straying or lying at the side of the highway, and not necessarily causing damage or injury. However, an owner is not liable if animals are on a highway adjoining common land or a village green, or where fencing is not customary. Here the onus is on the road user to take special care.
- If livestock stray onto someone else’s land, the owner of the livestock is liable for damage to property, even though he may not have been to blame for the animals escaping. The owner of the livestock has the following defences:
- The victim was either wholly or partly to blame (but the lack of a fence enclosing the victim’s land is not sufficient to apportion blame on the victim).
- The livestock were lawfully on a public highway, and strayed from there. The victim’s land does not have to adjoin the highway directly. However, the victim may be able to prove that the owner was negligent by not keeping control of the animals on the highway.
- The victim was responsible under a covenant or condition in the deeds of his property to maintain a fence around his land.
- If a boundary fence belonging to a neighbour is dilapidated, you must erect additional fencing as necessary to control your own stock. This fence must be on your own land.
