‘Abandonment’ and ‘fly-grazing of horses’ are growing problems for landowners in the UK and have both recently been the subject of extensive debate across the country. This article outlines just some of what you need to know about the subject as a landowner.
‘Abandonment’ is when a horse is left somewhere permanently or for a sufficient amount of time to allow it to end up suffering unnecessarily. ‘Fly-grazing’ is the unlawful grazing of horses on public or private land without the permission of the landowner or occupier. The horses may or may not have been abandoned by their owner; they could have been brought onto the land for free pasture or simply left there following the expiry of a rental agreement.
Fly-grazing is a serious problem for landowners, not only does it pose welfare problems for the horses and interfere with the enjoyment of the land, it can also have serious legal implications for the landowner.
If you find a horse on your land, it is important that you obtain legal advice as soon as possible. As a landowner there are a number of issues you will need to consider including your potential criminal liability arising from any welfare issues, your statutory duty of care towards any person entering your land and the strict liability imposed should a horse escape. An understanding of the law is needed to ensure the correct steps are taken to remove the horse, including The Animal Welfare Act 2006, The Occupiers Liability Acts of 1957 and 1984 and The Animals Act 1971.
Currently, there is no specific legislation in place designed to tackle the removal of abandoned or fly-grazing horses but legislative change may be on the horizon given that a private member’s bill (the Control of Horses Bill) recently passed its second reading and will soon be examined by a panel of MPs.
In the meantime, landowners have two options for removing the horses: obtaining a Court Order for their removal or exercising the right to detain straying animals. The right to detain involves attaching an Abandonment Notice to the land in question demanding that the horses are removed within 7 or 14 days failing which the landowner will do so himself. However, caution must be taken before a landowner exercises this right as it is only available when the animals are clearly not ‘under the control of any person’. The Property Litigation Team at Leathes Prior will be able to advise you on which option is more appropriate in your circumstances, what the process entails and assist you to effect the lawful removal of the horses.
As a landowner, there are some practical steps you may wish to take to minimise the risk of finding a fly-grazing horse (or other livestock) on your land:
1. Secure the land by means of adequate fencing and locked gates; 2. Put barricades in place to prevent unlawful access; 3. Dig out fenced-off ditches to prevent access; 4. Plough up empty pockets of land or use it in some other way rather than leaving large grassed areas; 5. If you are renting the land make sure you have a written agreement in place; and 6. Consider obtaining insurance that covers fly-grazing.
If you find a horse (or other livestock) grazing on your land without permission there are some important things you need to bear in mind:
1. Be careful and do not approach the animal unless necessary; 2. To avoid any criminal liability as a result of welfare issues, you should carry out an immediate visual inspection of the animal’s wellbeing; 3. If there appears to be any health issues you should contact Trading Standards, the RSPCA and/or World Horse Welfare and request their assistance to remove the horse – please note these organisations will only help where there are welfare issues; 4. Report the incident to the police (and ask them to provide you with an incident number) and your local authority to see whether they can provide any useful information or assistance; and 5. You should obtain legal advice immediately.
If you have any questions regarding fly-grazing or if you find a horse on your land, please do not hesitate to contact Darren Bowen or Sabina Haag in the Property Litigation Team on 01603 610911.
