Fences Can't Hold Us: Tales of Escaping Stock

With the cold approaching and winter crops being well established, on-farm stock control will be an important consideration on every farmer’s mind. What happens when stock have their “the grass is greener on the other side” notions, but the other side of the fence just so happens to be the neighbour?

Stock control comes down to fencing that is appropriate for the respective types of stock that you are containing. The legalities around fencing stock and who is responsible for the damages if they escape, are not as straightforward as you think.

Section 2 of the Fencing Act 1978 defines an “adequate fence” as a fence by which its nature, condition and state of repair are satisfactory for the purpose that it serves or is intended to serve.  It is often assumed that when your stock escapes and causes damage to a neighbouring property, you are automatically at fault and must provide compensation, this is not always the case. If that neighbour failed to adequately fence their property, the cost of damage actually may be on them.

If the fence is already in place and the animals being grazed changes, you should discuss with the neighbour updating any boundary fencing to ensure it remains fit for purpose.  The Fencing Act 1978 sets out ground rules for contributing to the cost of boundary fences.

 If your stock enters another person’s property and/or remains there without permission, it can be considered trespassing.

Section 21 of the Impounding Act 1955 provides that an owner of land may seize and impound stock found trespassing on their land.  However, the owner of the trespassed land may only be entitled to recover full damages if their land was adequately fenced. 

Section 26 of the Trespass Act determines the damages that are recoverable when stock trespass. Under section 26, the landowner can choose to seek a remedy of ‘trespass rates’ instead of damages.  Trespass rates are typically lower than damages and are ordinarily sought where stock were grazing on paddocks, rather than causing any significant damage to crops or property.  The trespass rates vary depending on the stock and the land they graze. I.e. cattle trespassing on cultivated crops will be a higher trespass rate than a few sheep grazing on grass.

Taking a common-sense approach to fencing obligations means you should regularly be in contact with your neighbour about stock movement, when stock will be on boundary fences and fencing requirements or maintenance. For example, if you are grazing bulls on the boundary, a fence normally suitable for cows may require additional measures such as hotwires or outriggers which should be discussed and agreed with your neighbour.  If the neighbour farms stud rams, and you have ewes, discussions may include whether it is possible to alternate-graze boundary paddocks to reduce the risk of issues.

If you have any questions regarding the legality of wandering stock entering your property, or disputes arising because of your stock trespassing, get in contact with our team.