Trespassing sheep?

[Kati]

I've just been asked by a friend about laws regarding sheep worrying by dogs - where the sheep in question are jumping into my friend's garden from the surrounding fields. If you let your dog out in your own (securely fenced for keeping the dogs in) garden/field and a sheep jumps in while the dogs are out, can you then be liable for any damage to the sheep?

[des8]

Re: Trespassing sheep?

The owner of the sheep has strict liability to keep the animals on his own property.
If the owner has been advised about the sheep trespassing but allows it to continue so as to cause a nuisance the Courts may allow an injunction forbidding the owner to keep sheep.
With regards to the question about dogs and worrying : if the sheep enter the property the animals, if not under the control of the owner, can be detained. However whilst detained the animals have to be treated with reasonable care, and fed and watered. This would mean not allowing the dogs to worry them.
But if the sheep enter whist the dogs are in the garden, and it is not possible to restrain the dogs before they worry the sheep, the owner of the sheep would be liable for damage to the garden/plants and to the sheep.
However the dog owner would need to see to the safety of the sheep as soon as possible.

[Kati]

Re: Trespassing sheep?

Thanks Des that's kind of what I thought! x

[stevemLS]

Re: Trespassing sheep?

Isn't this that old favourite of law students the land over, the tort of Rylands v Fletcher?

[wales01man]

Re: Trespassing sheep?

Who is responsible for the fence?
How high is this fence I have a friend not far from Des in west wales who has thousands of sheep and miles of 3foot high fences its rare he says for sheep to jump these fences unless they are spooked

[Kati]

Re: Trespassing sheep?

Who is responsible for the fence?
How high is this fence I have a friend not far from Des in west wales who has thousands of sheep and miles of 3foot high fences its rare he says for sheep to jump these fences unless they are spooked

The fence has always been looked after by my friend ... and is currently 4ft pigwire topped with chickenwire and wood struts (which stops the dogs). Unfortunately the sheep are trying to use the garden as a 'shortcut' to get to the ewes in another field - at least that's our guess :lol:.

They've been told the farmer lives MILES away, and have contact only though various other local farmers (who herd the sheep back into the field)

[des8]

Re: Trespassing sheep?

I wonder what breed of sheep, as it is basically the smaller hardy breeds like Soay or Herdwicks that jump.
I shouldn't think it's the sex drive that causes them to join up as they'll all mostly be ewes!
Possibly they can see the other group and the flocking instinct in sheep is quite strong.

Have your neighbours considered impounding the straying animals?

Although the sheep may belong to a farmer from afar, the responsibility for them might lie with the land holder. For sheep on tack it is the holding farmer who is responsible for things like ear tagging, so that responsibility might well extend to keeping the animals on the holding. After all if the sheep owner pays to use the land, the land holder would be responsible for the fencing

[Kati]

Re: Trespassing sheep?

They're mostly black-faced from what I can make out ... and from what I've been told these ARE ewes (as are most of the local sheep) . I suggested 'impounding' them and billing the farmer for the feed/bedding/damage etc... but as they don't have direct contact with the owner, it might be difficult.

I think they're more worried about getting into trouble if their dogs injure a sheep that's jumped over when the dogs are out (although I have been told by someone else that "trespass lamb" is tasty )

[wales01man]

Re: Trespassing sheep?

And how are they going to slaughter and butcher the Sheep LOL they take a bit of catching and would jump back over the fence.


Sorry my sense of humour

[Kati]

Re: Trespassing sheep?

And how are they going to slaughter and butcher the Sheep LOL they take a bit of catching and would jump back over the fence.


Sorry my sense of humour

badly?

[Fred]

Re: Trespassing sheep?

If it was at our house they would all have names, fat bellies & be asleep in front of the fire !

[Kati]

Re: Trespassing sheep?

If it was at our house they would all have names, fat bellies & be asleep in front of the fire !

Here too ... my mum's got one called "Squidgey" who is a rescued pet-lamb. He's a full grown ram now (and massive).

[wales01man]

Re: Trespassing sheep?

If he is old he might be a bit tough would need very slow cooking and lots of mint sauce

[Kati]

Re: Trespassing sheep?

That's why he's still going strong :lol: all mum's other sheep are rare breed and kept as pets too

[Fred]

Re: Trespassing sheep?

I bet "Squidgey" would cause havoc with the rare breed bit ! :ballchain: Dare I ask "Squidgey" was he bottle fed