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Oregana
Bronze Member
176 Posts |
 Posted - 08 Apr 2010 : 9:54:22 PM
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My friend is resting a field. The gate was lifted off the hinges, five coloured horses installed and gate put back on. Another chain and padlock has been put round her own chain and padlock, so she can't even open the gate. Apparently about nine guys go to the field at different times in different vehicles. The police don't want to know as they have caused no damage and the owners say they have nowhere else to put the horses. She can't afford to employ a solicitor. She has five horses, more than likely riddled with worms trashing her field and the law can't help her.
Any advice. PLEASE?????
They have also taken over two more fields close by in the same way. I am sooo worried. 
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Smiler
Gold Member
England
1217 Posts |
Posted - 08 Apr 2010 : 10:03:57 PM
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| Oh my goodness dont know what to say ! can she get an eviction notice served on them like the council does ? not sure if you can get help with the cost etc she can have half hour free legal advice i think ask di ellis on here ? but i would say once they get them removed to put a large log or item not easily moved so no one can get in in future ( i know not much help now ) and put chains on both sides of her gate ass*oles dam cheek they have hope it gets sorted |
   
http://www.freewebs.com/newforestanimalrescue |
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george
Gold Member
Wales
1353 Posts |
Posted - 08 Apr 2010 : 10:10:23 PM
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Tell her to try the police again and again until they do something, surely they can't be allowed to do that, if they still won't do anything then maybe she could ask the citizens advice bureau for advice on what to do! Failing all that make an opening in the fencing where she can (with some help of course) take the horses out safely then tie them up somewhere safe and call the local pound!
mmmm.....maybe not a good idea,though, I'd like to see they're faces if she did,lol. |
George xxx
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Oregana
Bronze Member
176 Posts |
Posted - 08 Apr 2010 : 10:20:04 PM
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I think if they landed in my field,(OMG hope they don't) I would tie them up outside the local police station and tell them it's not my responsibility, deal with it.  |
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barbara.gregory
Platinum Member
United Kingdom
4531 Posts |
Posted - 08 Apr 2010 : 10:36:17 PM
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Sadly the law often seems to be on the side of the criminals. I am not sure that the police can actually do anything. I would ring world horse welfare and ask their advice as they might know what can be done. Do the horses have any water? If not, they may be able to seize them as the owner of the field doesn't know who owns them and they are not being cared for.
Nightmare.
Barbara |
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kimzi
Gold Member
865 Posts |
Posted - 08 Apr 2010 : 10:40:00 PM
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| Its called an angle grinder and it cuts through B*****d size chains, she then just has to take her gate home (in van or trailer) with her and hide the evidence of any chains, simple that lol. If they try to fit anything else in its place then they are damaging her property. Ignore any large men and carry mobile phone with video app primed. |
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saddlebred
Platinum Member
United Kingdom
1706 Posts |
Posted - 08 Apr 2010 : 10:40:14 PM
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| omg... thats awful. Can she try the BHS legal department. May be cheaper to pay membership than to pay a solicitor. |
Based Bewdley Worcs |
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navaho621
Gold Member
Wales
510 Posts |
Posted - 08 Apr 2010 : 11:14:29 PM
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| With stray sheep that appear on your land you are entitled to get rid of them after 14 days if the owners don't come forward (you do need to put a notice in the local paper though i think), could she not employ the same tactic with theses horses? Put up a few notices saying that she has found some stray horses on her land & that if they are not reclaimed within 14 days they will will be sold to cover any costs incurred. I'm not saying she has to sell them but it might be the encouragement the owners need to remove them? |
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munchie
Silver Member
284 Posts |
Posted - 08 Apr 2010 : 11:43:49 PM
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Hoof marks could be damaged property so be cheeky and try the police again with this? Or do kimszi's suggestion and remove the gate the b****rds have had the cheek to lock to protect her own property (the gate) then call the police to advise of loose animals on the road immediately as a last resort?
Then again apparently the police could investigate if it's a case of trespass?
If there's a right of way over the land then the council can get involved, if not it's formal letter to vacate the land then county court to do the possession order then baliffs route.
Can't find stuff all for lincs but I've PM'ed you some text from cambridge city council that may help, check the advice for gypsies travellers bit too on the same page x |
Edited by - munchie on 08 Apr 2010 11:54:27 PM |
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MinHe
Platinum Member
England
2927 Posts |
Posted - 08 Apr 2010 : 11:58:04 PM
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If your own horses are insured try to see if you can get free legal advice through the insurance company - we have done this before through PetPlan.
You are in Lincs? Whereabouts(ish)?
Keren |
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Smiler
Gold Member
England
1217 Posts |
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Oregana
Bronze Member
176 Posts |
Posted - 09 Apr 2010 : 06:41:23 AM
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| The field is in Cambridgeshire. Apparently, the owners know the law inside out. They have even posted notices on gates with their contact details! My friend has tried police, councillors, the council, RSPCA, World Horse Welfare, the lot. I'm a BHS member and will ring them later today. Just can't believe what people can get away with. |
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moatside
Platinum Member
England
3224 Posts |
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daf
Bronze Member
England
80 Posts |
Posted - 09 Apr 2010 : 08:24:05 AM
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We had a similar problem, just before a certain man was arrested and a large number of horses seized. Overnight a number of horses appearred in the hay field, mainly mares who i suspected were in foal! Then some would be removed and others put in the field, all in the middle of the night of course.
Police not interested- they will only step in if the horses are on the road.
The RSPCA also not interested- although low and behold once the whole episode had been plastered all over the news they rang me up and said they would come and collect the horses, sadly they waited too long and the horses were removed overnight.
I downloaded an Abandonment Notice and put it on the gate, this basically states that if the horses remain for 7 or 14 days (cant remember which) they then become my property. Not that i wanted these horses but we did need them removed.
I dont know if this is still relevant for you as the owners have left contact details whereas with me they hadnt but we had been told verbally who they belonged to, but search Abandonment Notice on the net for more info.
Other option of course is to open the gate and allow the horses to get out onto the road, i couldnt bring myself to do this, and knowing the police htey would probably just herd them back into your field anyway!
let us know how it goes. |
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LAK
Junior Member
England
42 Posts |
Posted - 09 Apr 2010 : 09:04:02 AM
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| When the men come to the field surely they are trespassing on private land? Are the police not able to act on this even if not interested in the horses? |
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alpacastoo
Silver Member
Wales
292 Posts |
Posted - 09 Apr 2010 : 10:56:15 AM
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IMHO the police are afraid of travellers/gypsies and very rarely act, unless it is high profile news.
THese travellers are banking on the fact that you won't act in the same way as them.
The tough quick solution: Cut through their chains, release the horses onto the lane, relock your gate, report horses loose on the road (get someone else to do that bit) and then the police will legally have to catch said horses and remove to a "save" place. Slower solution, agree with daf, post a notice saying the horses have strayed onto your property and will be sold in "x" days to defray costs. (You could also say the field has been treated with something obnoxious and you cannot be held responsible for the death of the horses).
Your friend has some difficult choices.
Can't believe the cheek f some people. Hope it can all be resolved amicably. |
  
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Minty Arab
Silver Member
England
482 Posts |
Posted - 09 Apr 2010 : 11:19:19 AM
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surely the police have to take notice? the only other sources of help i can think of are the C.A.B or the B.H.S legal helpline as others have suggested?
daf and alpacastoo idea of posting an abandonment notice stating that the horses have strayed on to her land and will be sold in x amount of days to defray costs or become her property is probably what i would go with if the police wont help.I am absolutely astounded at what people can get away with!
I would be seething with rage too!
hope you can get a reasonable resolution quickly.
Em x
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TAE
Bronze Member
232 Posts |
Posted - 10 Apr 2010 : 3:03:36 PM
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| As your friend has their contact details could she take them to the small claims court, claiming for damages to field, loss of use of field, Livery costs for her own horses ( as unable to use field) stress and inconvenience? One way to stop them may be to hit them where it hurts, in their pocket. |
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LYNDILOU
Platinum Member
United Kingdom
13976 Posts |
Posted - 10 Apr 2010 : 5:16:01 PM
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Tell the police if they do not help to remove them , you will simply let them out by cutting the fence! they had been warned , if they do nothing it is on their heads should any accidents be caused . people just cant do this sort of thing and get away with it ! |
   
www.dreamfield-arabians.com |
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sunny
Silver Member
252 Posts |
Posted - 10 Apr 2010 : 6:36:27 PM
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| When I brought my land my OH was adement that I put signs on both entrance gates saying " private property trespasser will be prosicuted" (bad spelling) as he knows people in the travelling community and says that they can pull onto land with no signage and say they thought it was not being used. And indeed we did have about 10 trailers pull onto some other land prior to this, and we had a job of getting them off. If i was in your friends situation I would take my bolt croppers an undo the gate and let the horses out, re lock my gate call the police and wait at the field. These people know they will be thrown off sooner or later and will find somewhere else to put them so I would just let them out, making your promblem someone elses problem. |
South Lincolnshire |
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munchie
Silver Member
284 Posts |
Posted - 10 Apr 2010 : 6:42:17 PM
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I checked with a pal who's a police officer and apparently it should be ok for you to remove the gate and let the horses out, not nice to do but if the police don't consider it theft of the grass that was for a hay crop it's probably the only way to get rid  |
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Arabianknights
Bronze Member
England
156 Posts |
Posted - 10 Apr 2010 : 7:02:37 PM
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| I'm a Solicitor (in Employment law unfortunately so not very useful in this context) but I always advise clients to check their house insurance policy as you may have legal expense cover. Good luck! |
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Goldenmane
Platinum Member
United Kingdom
4964 Posts |
Posted - 10 Apr 2010 : 8:34:53 PM
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| Awful situation, and I would feel murderous to the humans, but if you let horses out please make sure roads are closed off. (Sure you will) |
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barbara.gregory
Platinum Member
United Kingdom
4531 Posts |
Posted - 11 Apr 2010 : 10:22:42 AM
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I am not sure if the person who let the horses out would be legally liable if they caused a road accident or damage to other property. Sadly the law is not always what one would want it to be and innocent people can end up legally liable in some cases.
You may be able to remove your gate "as it is needed somewhere else" but do be careful not to end up in problems with the law. Unfortunately the police have to act with regards to the law ntot to what they think the law should be!
Lindylou, in the case you state the police would not be liable for the actions of a private citizen, said "private citizen" would be.
Do the people who own the field have a lorry. They might be able to move the horses a long way away and inform the owners that they needed to move them urgently and where they had gone. Just trying to think of ways to get rid of them and discourage them from coming back. If they are just turned loose they might just return them and put several chains and padlocks on the gate.
What a terrible situation. Good luck.
Barbara |
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Smiler
Gold Member
England
1217 Posts |
Posted - 11 Apr 2010 : 4:56:01 PM
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what if one of the horses were kiled or caused an accident upon letting them out ?
but.. i would first get a court order to have said horses removed then put a notice on the gate stating they had 7 days to remove there horses after 7 days if they are still on the land will be removed and sold at a sale/ given to rspca
I know your friend does not have much money but i think she really needs to see a solicitor to get a court order to remove them |
http://www.freewebs.com/newforestanimalrescue |
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saddlebred
Platinum Member
United Kingdom
1706 Posts |
Posted - 18 Apr 2010 : 2:45:34 PM
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| Just wondered what the outcome was of this one? Can we have an update please. |
Based Bewdley Worcs |
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Help please. Any advice??
kidding but tempting would not do it again on her land i dont think !