Fly grazing is the term used for leaving grazing animals on private land without permission, more commonly relating to horses and ponies. Landowners have a duty of care towards any animal on their property and as such become responsible for the welfare of the animals until an owner is found or comes forward.
Should you find yourself in a situation where someone is fly grazing on your land, the Animals Act 1971 states that the landowner must put up abandonment notices in prominent places for no less than 14 days. As livestock owners will be aware, livestock in the UK cannot be transported, sold or sent for slaughter without a passport.
Once the 14 days have ended and you have heard nothing from the owner of the animal(s), and assuming that they have not been reported as missing to the police, you can then apply for a passport and do as you wish with the livestock. Should the landowner attempt to move the livestock and thus break their duty of care they themselves would be breaking the law.
Following an increase of fly grazers relating to horses and ponies, The Control of Horses Act 2015 was introduced. This new legislation allows these scenarios to be dealt with more quickly and effectively. Under this new Act fly grazing of horses and ponies must be reported to the Police within 24 hours of being observed, allowing owners 4 days to claim their animals. Under previous legislation, an abandoned horse could only be disposed of through sale at market or public auction. However, The Control of Horses Act 2015 extends the options for dealing with abandoned horses to include private sale, gifting and rehoming.
Fly grazing can apply in many situations. Land owners who want to lease or license their property to graziers should ensure they use the correct agreements to document the relationship, thus avoiding the risk of a similar duty of care arising in relation to animals they do not own. It is also good practice to then ensure all gates to property are secure and locked, particularly in vulnerable areas, to minimise the risk of fly grazing.
Please contact your local Fisher German office to discuss the bespoke agreements we can prepare for you based on your particular circumstances.
Chester 01244 409660
Knutsford 01565 757970
Stafford 01785 220044
