New powers against fly-grazing

As recent reports in this very newspaper will testify, abandoned horses and fly-grazing have long been a scourge of the rural community in East Anglia.  Both farmers and residential property owners alike have suffered at the hands of unscrupulous horse owners who either abandon their animals or leave them to graze, without consideration for the damage caused to the land on which they are left.

Now the tables are turning on illegal grazing with the introduction of the Control of Horses Act 2015, which comes into force on 26 May 2015.

From then onwards, any occupier (whether the landowner or other occupiers such as tenant farmers) will be able to detain any horse or other equine found grazing on their land without lawful authority.  A Local Authority will also be able to detain any horse left in a public place.

Subject to the detailed provisions of the Act, ownership of the animal will now pass to the person detaining it after 96 hours.  They can then dispose of the horse however they see fit, including by giving the animal away.

The NFU, which worked closely with Julian Sturdy MP, who introduced the bill to Parliament, has greeted the new powers with optimism, hoping that they will enable landowners and tenants to take swift and effective action to prevent damage to their land and to ensure the welfare of the animals.

Equine charities have also welcomed the new powers of disposal, which will enable landowners to give animals, many of which are in very poor condition and of no commercial value, to charities who will properly care for them.

If you are experiencing problems with fly-grazing or are concerned that your occupation of grazing land may need to be put on a formal basis, call Emma Coke at Birkett Long LLP on 01206 217629 or email [email protected] for advice on your options.