# Can't use my own pasture !



## gary lancaster (Nov 3, 2012)

Yes, We have two mares and the neighbors have a breeding stallion.Problem is , we both share the same fence line that we put up ourselves, when we were the first ones to buy a track out here , before everyone else. We have two sections on our property that we turn them out on. But when we want to rotate and put them on the other side full of grass, because they have eaten down the other side, we can't, causing us to have to dip into our hay sooner then we want to, or buy some, which isn"t cheap, just because they told us we have to move our mares, because their bringing back their stallion to their pasture. Question" Don;t we have the right to turn out our mares on our own property?. They think they own everything around, just because they have a world champion stallion.Is there a law that they would have to make a fence, where he could not get over to our mares, so we could use our land?. Why should we have to buy only geldings to suit them. Hey!, we might want to raise a foal ourselves. And no, not buy their stud!
Any help, or legel advice in this problem would be much appreciated!


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## themacpack (Jul 16, 2009)

They can tell you whatever they like - that does not, however, mean you had to listen and obey. 
What is the structure of the fence? Is it sufficient to keep their stud out of your property? (not saying it is right that you should have to fence to keep their horse out vs. your horses in, but realistically, when it comes to preventing an unwanted breeding the issue of fair/right goes out the window imo and protecting MY horses becomes my priority)


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## BarrelracingArabian (Mar 31, 2010)

Maybe you can put up a double fence and an electric fence as well to keep your mares in. I don't believe they have any right to tell you you cant use your land. However I would take as many precautions as possible to keep the mares separated from the stallion. Even just keeping your mares out when you can supervise them and bringing them in at night or something along those lines.
_Posted via Mobile Device_


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## Chevaux (Jun 27, 2012)

I don't know where you are but where I am we have the Line Fence Act and an Animal Control Act for the province. The Line Fence Act addresses shared costs on a communal fence line and some other do's and don'ts (it also includes an arbitration process if both parties cannot come to agreement); and the Animal Control Act basically says do what you have to keep your animals on your property. Perhaps there is similar legislation in your area? It seems logical that special care needs to be taken with a stallion (or, for that matter, a bull, etc) so the onus should be on them to keep him home. Besides, if he's such a world champion stallion, you would think they'd be bending over backwards to "protect" him from potential incidents as fencing fighting and crashing through it.

I know it's water under the bridge now but when you first put up the common fence, it probably would have been a good idea to have gone with a double fence. I've seen a few of them here with acreage properties. Each landowner basically moves his/her fence about five feet so away from the property line leaving a strip of neutral land that keeps each others livestock (horses in particular) from associating and fighting over a fence line. I realize it's a big chunk of work and money but is that a possibility between the two of you?

I don't use electric fence but I know a number of other members do so I'm sure they will generously quote costs and set up. I think in your circumstance, until you get things resolved with the neighbour, an electric fence set up away from the common fence line could be done quickly and relatively inexpensively so you can use your land.

Good luck.


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## deserthorsewoman (Sep 13, 2011)

I don't know the actual law in your area, so I can't comment on that. Im in a similar situation, tho, with a mare on my side and a soon to be 3 year old colt next door. I would find out about the actual law first, then go and try to talk to the neighbor. Since I also have a fence up on the actual border, I would suggest to neighbor to make the borderline fence high enough for them to not reach over and set a normal high fence inside the borderline on both sides. That can be done relatively cheap with extension insulators and electric wire or tape. If neighbor doesn't agree to do so, the inside electric strand just has to come further inside. 
That way you would do your part and in case neighbor doesn't contribute and his stallion gets hurt, it's his problem.


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## Speed Racer (Oct 21, 2009)

So much depends on in what part of the world you reside. Even if you live in the US, it varies by state and even local municipalities concerning who is responsible for keeping stallions out or properly contained.

Your best bet is to contact your local zoning commission and find out the regulations in your area.


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## QOS (Dec 8, 2008)

Don't know where you live but perhaps you could speak calmly to neighbors about putting in a fence on their side of the line or take your fence down all together :twisted: if they aren't amiable to that. Gee...then they'd have to put up a fence to keep Studdy Poo on their property. Other suggestion is move your fence 2 or 3 feet over and put an electric fence on their side :twisted: as you are still on YOUR property. :twisted:

I am all about playing fair but would be pretty dang torqued if I they were telling me to move my mares. Of course, some old mares will give a stallion a run for his money (actually he'd be knocking on their door like the guy in Ghost Busters "L-E-T M-E I-N-N-N-N-N".) Our barn owner used to have 10 stallions she bred. Her first stallion, Amir, was a sweet old fellow, but in his younger days Ms. Jean decided to pasture breed him and turned him out with two mares....that promptly kicked his *** up around his neck. :hide: Dang near killed the old boy. He didn't want anymore of that!!


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## AlexS (Aug 9, 2010)

How appalling. I'd be really tempted to put up a couple of fences to protect your horses, with the outer one being razor wire.


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## nvr2many (Jan 18, 2011)

^^^^^^^^^^:clap:


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## Northernstar (Jul 23, 2011)

Welcome to the forum, Gary! Many good pieces of advice already given - I would personally begin by making that call _First thing Monday morning _to your local zoning commission as Speed has suggested - tell them the exact situation, and if they don't seem to be 'horse-wise', explain the extreme difficulties/dangers that may occur. Write _everything _down (and get the personnel's name) that they say are your rights/laws in your area, and take it from there. Good luck, and I hope this can be resolved quickly and with no further cost/headaches for you!!


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## Nickers2002 (Nov 25, 2009)

I would move my fence in a couple feet, then put up barbed wire on my property line. If they don't want their champion stud to get hurt - they can build their own fence on their own property


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## Sharpie (May 24, 2009)

In WA state, stallion owners are legally responsible for fencing in their studs. I would definitely check the laws in your area. That said, if they're not going to, you can't make them. You're stuck with putting up a double fence yourself to protect your mares. Do it, document it, and take pictures so that if the stud damages your property (fences or horses) you can get your expenses back in small claims court if they won't grow up enough to be responsible stallion owners. Sounds like they're pompous idiots, who feel entitled to order the world around at their pleasure.


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## sillyhorses (Sep 2, 2011)

If it were me, just to prove a point that I can do whatever I'd like on my own property, I'd take down the section of fence that I put up (that your neighbors apparently have assumed is their to use freely), move it over five feet, and let the neighbors build secure fencing for their stallion. Start the project ASAP, that way the neighbors won't have a fence to put their stallion behind BEFORE they put him out there. They do have a duty to ensure that they have safe and secure enclosures for their horse. Stallions are especially hazardous (ask any homeowners insurance that insures horse farms) - the burden is on the neighbors to take care of their horse. The law is definitely on your side on this, no matter what you choose. However, I would suggest taking your fence back a few feet from your property line, anyhow... just so they don't build their own right directly against yours... we personally allowed enough room on the outside of our fence for a utility vehicle to get along it (to make repairs without disrupting the horse in the paddock).


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## Cacowgirl (Feb 19, 2011)

Check the laws on stallions/fencing, etc. WE have someone in the area that gets mad if you ride by their property & get their free-running stallion upset. Talk about being controlling!


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## Saddlebag (Jan 17, 2011)

In Calgary Alberta, as long as a friend's property was beyond the city limits, he could board a stallion, which he did. When the city extended it's boundaries, he received notification that in order to keep a stallion his fences had to be extended to the 6' height. Perhaps there is something like this where you live.


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## boots (Jan 16, 2012)

In Wyoming we are a "fence out" state. That means if you don't want livestock on your property you are responsible for securing your property lines. I keep my fences in very good shape because I want my livestock on my good pastures. I also don't want anything from the neighbors getting in and eating my grasses or breeding my animals.

I would treat your situation the same. I would install an impressive second fence to secure my animals. Even if your area's laws are not the exact same, but taking steps to protect your livestock, you would be in a great position if you ever have to file a complaint on the idjit neighbor who keeps a stallion in a single fenced enclosure.


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## churumbeque (Dec 20, 2009)

sillyhorses said:


> If it were me, just to prove a point that I can do whatever I'd like on my own property, I'd take down the section of fence that I put up (that your neighbors apparently have assumed is their to use freely), move it over five feet, and let the neighbors build secure fencing for their stallion. Start the project ASAP, that way the neighbors won't have a fence to put their stallion behind BEFORE they put him out there. They do have a duty to ensure that they have safe and secure enclosures for their horse. Stallions are especially hazardous (ask any homeowners insurance that insures horse farms) - the burden is on the neighbors to take care of their horse. The law is definitely on your side on this, no matter what you choose. However, I would suggest taking your fence back a few feet from your property line, anyhow... just so they don't build their own right directly against yours... we personally allowed enough room on the outside of our fence for a utility vehicle to get along it (to make repairs without disrupting the horse in the paddock).


 This is where knowing the laws in your area are important. In my area when you put up a fence your neighbor automatically owns half of it and it should be on the property line, (not talking paddock but a fence for a pasture) if not they can use your 5' that you gave them and claim immentant domain and legally take it from you.


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## stevenson (Sep 12, 2011)

i would not use razor or barbed wire ..noooo...
I would call zoning. It seems to me, that the Stallion Owner has a larger Liability than a mare owner, and my home owners insurance forbids a stallion, unless it is in a pipe pen , which has to be specific height with the cross bars at so many feet. Personally I would tell them to keep thier stallion away from my mares. You have mostly good advice .


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## Joe4d (Sep 1, 2011)

Id run barb wire on the property line or as close to the property line as zoning laws allow. What you need to find out is if you live in a fence in or fence out state or locality. You need to contact what ever government official , usually animal control would know that. You can probably find your law online. Fence in means you are required by law to keep animals IN your property and are responsible for damages. There are also FENCE out areas, where animals are considered free ranging and if you dont want them on your land you have to fence them OUT... Either way being right legally wont help you if your mares get bred. You could always sue for various damages but that is a pain in the butt. Id just run4 strands X 5 foot high barb wire as close to the line as you can. If they dont like it they can build something to keep their horseoff it. 
Seriosly Id be baptized in sheep$##t before Id let some else tell me what I can and cant do on my own land.


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## Prinella (Jul 12, 2011)

I know here stallions have to have double fencing to boundaries. 

If they're in an internal yard that fence and the boundary is acceptable.
_Posted via Mobile Device_


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## its lbs not miles (Sep 1, 2011)

I know of no US state where in areas that horses are allowed to be kept a neighbor can tell you that you can't keep your horse on your land. Why not tell the neighbor that since your mares are on your property they can't bring put their stallion on the adjacent property that they own. It's just as valid an argument. If they have some hot shot show horse you can put up couple strans of barbed wire (as already suggested) above your existing fence. It's unlikely they'll want to risk their stallion getting cut up by tearing through the barbed wire to reach your mares and (as also already said) they'll likely put up something substantial enough to keep him from getting into the barbed wire.

Would be quite like the old joke about Gertrude the heifer and George the bull, but still unpleasant for the stallion.


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## mls (Nov 28, 2006)

gary lancaster said:


> Any help, or legel advice in this problem would be much appreciated!


You can check into your local zoning laws as to how the stallion should be contained. I believe in MN they are 'supposed' to be contained by a 6 foot fence.


Go to the link and click on your state to see if there are any set guidelines:

http://asci.uvm.edu/equine/law/fence/fnc_menu.htm


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## Spotted (Sep 19, 2012)

If that stallion breeds your mares, they can be sued. Its their stallion and their responsability to make sure he is in a suitable pen that does NOT affect anyone else.


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## PaintHorseMares (Apr 19, 2008)

BarrelracingArabian said:


> Maybe you can put up a double fence and an electric fence as well to keep your mares in. I don't believe they have any right to tell you you cant use your land. However I would take as many precautions as possible to keep the mares separated from the stallion. Even just keeping your mares out when you can supervise them and bringing them in at night or something along those lines.
> _Posted via Mobile Device_


I would put up a double fence w/electric. Having 4 mares, I can tell you that when mares share a fence with a stallion, keeping mares that are in season inside your pasture can be a lot harder on your fence than keeping a stallion out...


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## Saddlebag (Jan 17, 2011)

I've seen mares back up to a fence to try to accommodate the stallion.


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## freia (Nov 3, 2011)

Great advice from everyone. I'm printing out this thread and filing it.

I'd break the problem/solution down into pieces:

-1- No neighbor has any right whatsoever telling you where you can or cannot put your mares on your own property. The only exception I can think of to this is if the neighbor's well is on your property - he has a right to not have poo in his well. Doesn't sound like that's an issue. Keep telling yourself that: it's your land, not your neighbor's. It is better to annoy others than to let others annoy you (when you're right).

-2- Like stated many times, contact the powers-that-be and find out exactly what the laws in your area are: Fence out, fence in, fence set-backs, special requirements for keeping stallions, etc. Study it well so you know exactly who's in the right and wrong before you do or say anything at all. Make sure whatever you end up doing keeps you in the right. It will prevent a potential lawsuit. These neighbors sound like the suing type. Knowing your rights always makes any verbal confrontation easier to handle as well.

-3- Rather than arguing with the neighbor and trying to force him to do something (ie taller fence, etc), I personally would just bite the bullet and do whatever fencing I felt was necessary to keep my horses in and that stallion out. I would want to use my land, and not have to worry about anything, and I would not leave that up to someone else. Once that's taken care of, they can complain all they want. Block their phone #.

-4- As satisfying as it would be to use barbed wire of other hazardous fencing materials to create a moat, I wouldn't do it. The neighbor would deserve the aftermath. The horse wouldn't. I think if he got tangled and shredded himself on the barbed wire, the neighbor would learn their lesson. However, if you love horses, you'd probably feel really awful for that stallion. Remember that your own horses could pull some unforeseen antics and end up in that wire too. Probably in the middle of the night - because that's what they seem to do.

Legally, you probably can't take down the current fence to build a new one further in, since you have joint ownership of it. If it's legal, I'd take that puppy down and build my own fence on my side. Otherwise I'd put a strand of electric wire 6' up on the current fence and send the neighbor the bill for half the fencing and half the power-bill and put my mares wherever I wanted. If ordinances require 6' fencing for stallions, I'd send him the whole bill. He may not pay it, but it sends a message and puts you on the offense.

What is the current fencing? Is it fancy expensive stuff? How long is it? Is it something you can afford to abandon and rebuild? Is it sturdy so it can withstand mares and stallions on either side?


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## Koolio (Apr 7, 2010)

Some good advice given by Freia. First, find out what the zoning / property laws in your area say. I don't know that I would take down the original fence, but I would put up a new fence a few feet into your property line. Build whatever kind of fence you would use for your own horses if there were no neighbours and you were starting from scratch. Then, I would ask the neighbours to share the cost of reinforcing the existing fence, by adding a few taller posts and an additional higher strand of wire or whatever was originally used. This fence is for their benefit, so they should share the cost. Alternatively, you can suggest that they build an additional section of fencing a few feet into their own property, like you have to ensure the safety of their stallion. Make it clear that you WILL be putting your mares out on that side of the property and using YOUR land, but that you are also concerned about the safety and well being of all the animals involved. If they don't respond positively, do what you must to use your property while keeping your mares safe.


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## Saddlebag (Jan 17, 2011)

I have never heard of a "world class stallion" being turned out behind anything other than a good wooden fence, to protect the stallion. Someone is pulling your chain. You do need to check the laws regarding the keeping of stallions and the required fencing. With stallions it's not so much about neighboring mares but the general public.


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## Palomine (Oct 30, 2010)

Also, you need to check your state statutes, as many law officers as well as county commisions don't know what they say that well.

As well as you said you bought a tract out there, are there provisions in that?

Stallions can be very dangerous to deal with, not just in terms of mares, but in terms of kids and adults, if the horse should get out.

And sadly, even electric fence will not keep him contained, if mares are in, if he decides to go visiting, and is the kind to be pushy about it.


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