How do I avoid hassle?

[Daniël Bos]

That was confusing posting a picture from a different area.

 

It was merely to demonstrate how laying a hedge changes the density at different levels in the hedge and thus affects airflow.

I could have explained it better perhaps, it was late...

[Daniël Bos]

Well, It Has Begun!

 

Got there yesterday morning scrambled through the gap at the very end to find the electric fence has been moved.... about 6ft!

I'd asked it to be moved 10m and was told all the fence had been moved. Went on to find three! layers of old fencing left stuck in the hedge, a normal stockwire, a chickenwire, a very old stockwire and a barbed wire. All stuck together in various states of disrepair.

Phoned my client to advise him I can't start working to be told to just move the fence to where I want it. Fine, but there are animals in the fence (small paddock fence off in bigger field) so he sent a chap to come and sort it.

Said client runs a large business and has a plethora of chaps to send.

 

We'd started clearing up the stuck fence by the time chap turned up, two hours later. He was rather clueless so I told him what I wanted, then how I wanted him to do it, then ended up just doing it myself with him being "helpful" where he could. I was hoping that this way it was still him and the client what officially did it...

 

Moved all the fencing to have a clear space to work in, had some trouble as there were three paddocks with stallions in (one in each) all in the bigger field, which in turn has about 15 mares in, and the lonely chaps would prefer not to be enclosed as the need to fight their rivals. One particularly stroppy shetland type thing was a right pain.

Got told by the man who mans the level crossing and overlooks the filed that one has been responsible for the death of one horse, and lost another one (twice his size+) an ear , such fun.

 

Phoned the RSPCA about one animal who has three split hooves all the way up to the top, and another stuck in a stable in the corner, faeces knee-high and lots of holes eaten and kicked through the wall, no food or water:thumbdown:

 

Spent the whole day clearing crap fencing, bits of barbwire everywhere!

Made sure to finish the electric fence in such a way that my first few day of work are fenced off.

 

I've decided my day-rate for the "equestrian fence event" might be quite steep:sneaky2:

 

 

 

Got there again this morning to find some of the bits of scrap metal stuck back against the hedge and after an hour or so a very cross looking woman stomped in to hand me a letter, it said:

 

That I would be held fully responsible if any of her horses fight, escape etc because they may now get through the hedge.

 

That I was tresspassing

 

That I have moved and/or broken her property without her consent.

etc

etc

etc,

 

 

I handed it to the client, he's put it in the hands of his legal team and said not to worry, just carry on. If any of her horses escape etc it's her problem as she's tresspassing on my land and has been served plenty of notice of work commencing etc.

 

Got a visit from the police in the afternoon, as apparently "some guys just attacked the hedge with chainsaws and left huge gaps for the horses to escape":lol:

 

Phoned the RSPCA again as no action taken, and still nothing when I left at 4:30

 

 

So, another fun-filled day at the office!

Now legally, it's all a bit wobbly I reckon. Coz even if she's no longer allowed to be there, it would be my liability if her horses escaped due to my work?

 

I'm not too worried as the client is fully behind me. I have all his instructions in writing (email) and am trying as well as I can to prevent such an event but would like to know definitely where I stand legally, anyone?

[muldonach]

You are following your clients instructions and getting paid for it which makes you his agent or servant - as such he will be responsible for your actions - provided you follow his instructions of course, do you have a written scope of work?

 

It would appear to be very much in your interest to have someone with you on a full time basis and they should be a party to all conversations with your client, the lady in question and anyone else who comes along, that person should not be a relative.

 

You should also check carefully, preferably with a witness, that the field is stockproof at any time you leave it, your client may be able to assist by providing gates etc.

 

I would keep a diary and take notes of all events, conversations etc as soon after they occur as practicable, a camera in the vehicle would also be useful to have around.

 

You might wish to consider calling the local press and telling them you are not getting much interest out of the RSPCA - but perhaps mention that to your client first? Alternatively perhaps an acquaintance of yours could decide to call the RSPCA and assuming they meet a similar lack of interest take matters up with the press independently as it were:wink:

 

I would discuss matters with your client and let him know that you are not 100% comfortable with your present pig-in-the-middle position and try to get something from him or his lawyers to reassure you.

 

At the end of the day it is his land and his hedge, there should be a contract between him and the lady which puts the onus on one or the other to maintain the boundaries as stockproof (normally the grazier) and as long as you take reasonable steps to keep the hedge stockproof I would think you would be in good shape.

 

Cheers

mac

(who has no legal training whatever)

[RobRainford]

this seems to be a very much common sense issue rolled in with an arrogant horse type! no offence to any horse types on here, but you always get bad eggs!

 

with you moving the fence even though it was said that it had been moved, IME you have grounds to not start any work until the client has held up their end of the 'contract'.

 

On top of everything else, take lots of photos, nobody can disprove a photo! especially of the poor horse!

[slimjimvw]

 

Should keep the crazy horse lady out of your hair.

[born2trot]

this seems to be a very much common sense issue rolled in with an arrogant horse type! no offence to any horse types on here, but you always get bad eggs!

 

with you moving the fence even though it was said that it had been moved, IME you have grounds to not start any work until the client has held up their end of the 'contract'.

 

On top of everything else, take lots of photos, nobody can disprove a photo! especially of the poor horse!

 

Sorry Rob this a nutcase who hasn't a clue about horses , no offence taken by the way .

[Dan Frazer Gardening]

I hope she gets an order banning her from ever keeping animals again. Horrible woman.

[Andy Collins]

IME the RSPCA are pretty powerless most of the time, I know of three instances where they were called out following multiple complaints about the way some horses were kept, they just looked and said they had access to water so that's all that matters. Knee deep in mud, split hooves and so on don't mean jack to them.

[Goaty]

How did it finish or is it still ongoing?

[Daniël Bos]

How did it finish or is it still ongoing?

 

I got most of the job done. The hedge was in 3 sections, we decided against pushing on with the last bit (only a little bit).

 

It's been a job to remember though. In the field, there were 5 little fields fenced off with stallions in, continuously eager to escape to kill each-other as they were surrounded by mares and spring approaching... One little Dartmoor escaped, pulled his neighbours fence down and decided to take on the big boys. The next morning I'd been on site for less than 10 minutes before she turned up and started shouting at me about how I nearly killed all her horses as they could have stampeded onto the road etc etc, bollocks, bollocks, hassle etc.: It took me a whole hour of pretending to listen (I have ear-defenders with radio in, connected to ipod:001_cool:) before I managed to get her to see that it was none of my business, and that I had tried to call her but all the surrounding houses want nought to do with her, so nobody had her number....

 

My client actually rents the field from the Church, via an agent. The dean of Peterborough, as the rightfull owner, and carer of the tree-stock had been told about some elm in the hedge that ocasionally dropped into the road, as they do. So one morning as I was happily cutting, I can hear another saw, close by. We went to have a look and there's a team of tree-surgeons chopping down everything dead from the hedge, just around the corner. They left gaps big enough to drive a vehicle through!

I did tell them about the horses etc, so they cut all the rest (20m of hedge worth) at about 4 ft:lol:

Next morning, tea-time: Police arrive looking moody, I told him before he'd said anything that it wasn't me:biggrin: Got "Talked at" by a moody copper who was well and truly fed up with being involved. At the end of the half hour rent I finally managed to tell him that it had nothing to do with me.

 

They were obsessed with gaps in the hedge. The hedge was in poor state, not anything near stock-proof to begin with, loose wire in abundance, large gaps in the hedge. So, I put up a complete boundary fence, 10m in from the hedge. One morning after we'd got to a bit where there was an old gateway and had ripped out the old fence, we came back the next day to find the fence back in place.... right beside a 10 foot gap!

They "closed gaps" I left at the end of the day, by putting rotten bits of 4x2 on them etc.

 

 

I spoke to the rspc, the police and the county animal welfare officer. They were all dead keen to get her animals away from her and the bint locked up or drowned in a disused well. But every time they' get an "official vet" the worst looking horses had been moved from the field, the others had been fed for the first time in weeks etc, leading to the same result every time, "these animals are suffering, but not quite enough to warrant action":thumbdown: