Neighbours cows-advice please?

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13 years 11 months ago #23299 by Mollymop
We’re on a small lifestyle area of 1.5 acres and love the rural environment away from the ratrace, although unfortunately have to work in it.. Been here about 4 and a half years without any problems. We love having our little bit of space with room for the grandkids and dog to run and enjoy gardening. Simple stuff really.
We’re surrounded by farmland on 3 sides. One side is bareland, with bull on it but the boundary is double-fenced so no problem (Owner 1). The other two sides belong to Owner 2 and he leases the pastures for grazing which has never been a problem over the years until a few months ago. Then, the cows began eating our hedge, because the electric fence was off and pushing against the post and batten fence to try and reach that elusive new leaf.
We rang the neighbour of course and we were quite taken aback by his initial response which was “not my problem, I lease the land”. Seems the person he now leases the land to has changed. It required near begging to get him to ring him; and then his resolution - was to completely remove the stock. Of course, this doesn’t actually fix the underlying problem and you guessed it, the cows are back....and despite planting further inside our boundary, they are pushing their heads through to prove the theory about the grass (and any other greenery) being greener on the other side and again I’m concerned about the fence.
The previous “leasee” maintained the fencing, pastures, electric wires and so on, and would wave out a hello. We have never actually sighted the new farmer and we note stock is moved in when we aren’t around. Apparently, the problem is some fencing further down on the pasture needs mending or something which is why the electric fence is no longer going. Owner 2 says it’s not his problem, etc...but we of course need to ring him again.
Does anyone know if there is a legal bylaw or some such thing about this? though this would be a last resort. I would much rather believe in the spirit of good neighbouring, but maybe I’m being a bit naieve.
By the way, we would much prefer the sights and sounds of cattle than just empty fields, just prefer them on the other side of the fence.
:(

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13 years 11 months ago #332317 by highgirl
I'd ring the local council if I were you, just so you knew your exact rights. From my normal understanding, both parties are jointly responsible for the fencing, so Owner 2 does need to make sure the fencing is adequate to ensure livestock on his property do not cause a problem for you, regardless of whether he leases the land to someone else or not, at the end of the day, its his responsibility...but I'm new to lifestyle properties so could be coming from a 'townie" perspective!

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13 years 11 months ago #332325 by Isla
Replied by Isla on topic Neighbours cows-advice please?
It probably depends on the terms and duration of the lease. I'd certainly be asking the owner again though. I wonder if heads pushing through fences constitute animal trespass? - I don't mean to get all heavy, but to know that you have a right to ask for something to be done to have it stop. It's no good for a fence, in any case.

We have a leasing neighbour whose agreement is year by year with the owner. When it came to replacing the boundary fence, our dealings were entirely with the owner. For maintenance, I can't see why it would be different under those short-term lease circumstances.

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13 years 11 months ago #332386 by LongRidge
highgirls answer would be correct if you too had cattle. You have to keep your animals in your place and the neighbour has to keep his animals in his place. Your immediate solution is to send an invoice for damage to your plants to your neighbour the owner, and point out to him the damage being done. If that does not work, then I suspect that it is a Small Claims Court proceeding.
The law clearly states that you must make every attempt to keep your stock in your property. If your stock are trees then your fencing is different than if you are farming rabbits. With my neighbour, I have to keep my mice away from his elephants, because elephants don't like mice. Thus the adjoining bit of boundary fence does not have to be as tall as his, nor as strong, but the netting has to be finer, and I have to stop my mice from climbing that fine netting.

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13 years 11 months ago #332432 by Azza
Replied by Azza on topic Neighbours cows-advice please?
I remember a family friend telling me a story about new neighbours that moved in next to them and their first words, upon seeing friends dog, were "If your dog comes onto our property we will shoot it".
Consequently when one of the neighbours steers pushed under the fence to eat their garden he shot it.

They had a brand new boundary fence within a week.

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13 years 11 months ago #332435 by morioka
He'd fix it in a hurry if they accidentally ate your Rhododendrons [}:)]

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13 years 11 months ago #332441 by Mollymop
Thanks everyone - I'm going phonecall number two with a side order of council enquiry.......I take it from Morioka's comment that cows and rhodos don't mix well? Hmmnn. This is one of the frustrating things, I have been so careful not to plant anything that I know is harmful...all a bit one-sided though. And no, we have no cows, just 4 rabbits, a cat and a dog...

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13 years 11 months ago #332460 by Isla
Replied by Isla on topic Neighbours cows-advice please?

Azza;319425 wrote: I remember a family friend telling me a story about new neighbours that moved in next to them and their first words, upon seeing friends dog, were "If your dog comes onto our property we will shoot it".
Consequently when one of the neighbours steers pushed under the fence to eat their garden he shot it.

They had a brand new boundary fence within a week.

Lucky they didn't get a summons! One may shoot a dog amongst stock, but the laws around wandering stock are entirely different.

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13 years 11 months ago #332467 by sod
Replied by sod on topic Neighbours cows-advice please?
AZZA love that one :D:D:D

Having time is a measure of enthusiasm:rolleyes:

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13 years 11 months ago #332488 by Azza
Replied by Azza on topic Neighbours cows-advice please?

Isla;319457 wrote: Lucky they didn't get a summons! One may shoot a dog amongst stock, but the laws around wandering stock are entirely different.

This joker has been known to embellish stories in the past so I dont take what he says as gospel :D
I did think it was hilarious at the time

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13 years 11 months ago #332511 by arnie.m
Usual rules down here is you can't plant within 2 metres of boundary, do you know someone who can lend you a small electric fence unit? It also depends on the agreement between owner and person leasing, but it comes back to " the owners" are responsible for their boundary fencing leased or not. repairs usually 50/50. Any reasonable neighbour who had stock on the property, that caused damage would pay 100%

arnie
88 Valley
Nelson

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13 years 11 months ago #332521 by igor
Replied by igor on topic Neighbours cows-advice please?
Hi Mollymop. Welcome to LSB.

Animals will always reach as far as they can to eat whatever they can reach. If you plant trees within a cow's neck of a fence they will get eaten by cows no matter how good the fence is, and remember that a hungry cow's neck reach is much longer than it looks. Think small giraffe.

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13 years 11 months ago #332550 by Stu_R
:) Igor ... i would have to agree with the "think small giraffe" bit
LOL dear old Rosie Dexter sheep/goat/cow prunned all our olive trees from next door when her owner had left her in there when feed got short .. lol and she prunned them neatly up to about 6 feet off the deck :) .. since then i have kinda adoppted her :) and when her owner lets her feed get to short, i just move her in with the goats and the sheep on our place :)
:) Rosie is now convinced that lil Eee Bee goat is actually her calf, and Eee bee thinks Rrosie is his mum , and the Mollie goat ( his mother) is just the milk bar lol :)

5 retired Greyhounds ( Bridgette , Lilly, GoGo,Sam and now Lenny) 15 friendly sheep all of whom are named and come when you call them :) , 2 goats, Mollie and Eee Bee :
Olive trees , .. old bugger doing the best he can with no money or land :)

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13 years 11 months ago #334454 by PalmyCol
Hi mollymop, sounds like a tricky one. I think technically the cows are contained in the paddock and just leaning through so I don't think the council will be too interested. Seeing as how the neighbour doesn't care you may just have to stop them youself, I would suggest either put a barb wire up along the top of the fence, or buy a cheap 2nd hand electric fence unit off trademe and run a hotwire along the top. Bit of a hassle but may be the easiest in the long run. I have just had to run a hotwire along my boundary to stop the neighbours' cattle and horses leaning over and squashing my fence. It will give you a good peace of mind though when you have done it.


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13 years 11 months ago #334460 by 4trees
Hi, if you put an electric fence up get some outriggers you probably won't want that many, they come in different lengths and if you get the ones about 2ft long they go on the top wire, that will stop them leaning over, but if they are putting their head through between the wires some windbreak on your side of the boudary fence will possibly stop them. We have had this problem with our neighbour, and the council bylaws here for stock is if it is a stallion or bulls it must have outriggers, cows mares are OK, it is our problem, we put up outriggers at our cost on the top of the fence which worked well until the neighbour found them a chopped the electric wire in pieces, flogged the outriggers and threw the chopped up wire into our paddock. We put a new electric wire up with new outriggers and the same thing happened again, so not to be beaten my husband waited for him to go on holiday and ran more wires closer together on the fence and extended the height and the neighbour has moved out, so that is still in position. Cheers.

Cheers
http:treeandshrub.co.nz

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