Animals and the Law: straying; dog worrying; and rabbit damage.

There is a wealth of legislation regarding animals, livestock and game.  In this article we focus on three situations where you may find yourself taking the law into your own hands: dog worrying; straying; and rabbit damage.

Dog Worrying

What can you, as a livestock owner, legally do to protect your livestock if it is under immediate threat from dog worrying?

Worrying livestock is defined as:

1. attacking livestock; or
2. causing it injury or suffering or, in the case of females, abortion or loss of, or injury to, their offspring through being chased; or
3. not being on a lead or under close control, in a sheep field or enclosure. 

You can shoot any dog worrying livestock if:

1. the dog is worrying (see the definition above) or is about to worry the livestock and there are no other reasonable means of ending or preventing the worrying; or
2. the dog has been worrying livestock, has not left the vicinity, and is not under the control of any person and there are no practical means of ascertaining to whom it belongs.

However you must be able to prove that shooting the dog was necessary to protect your livestock and that you reported the incident to the police within 48 hours.

Protecting game is rather different. To avoid criminal liability, you have to prove that the shooting of a dog that was worrying game, was taken to protect your own property or your interest in that property.  To do this, you need to demonstrate that you honestly believed that, at the time, the game was in immediate need of protection and that, under the circumstances, you used reasonable means.

In addition, to avoid civil liability, you will need to prove that the dog was either actually in the process of attacking the animals or, without the intervention, would renew its attack so that the animals would be left in a real and imminent danger.

Bearing in mind that shooting dogs should always be the last resort, however if your livestock is being worried, you can take action. However, you need to exercise more caution where game is concerned, as all relevant circumstances will be taken into account to establish if there was an imminent threat.

Straying

If someone else’s livestock strays onto your land, you can claim for any damage caused as well as any expenses incurred in keeping the animals (which can be until they are handed back to the owner or if you decide to exercise your right of detention). If you do decide to exercise your right of detention, you need to be aware that that right ceases under the following circumstances:

1. at the end of a 48 hour period unless, either a police officer in charge of a police station or the owner of the livestock, if you know who they are, have been notified of the detention; or
2. when you have been suitably reimbursed for the damage caused by the straying livestock and for any expenses reasonably incurred in keeping them; or
3. when the livestock is claimed by the owner or keeper, providing no damage has been caused (and no claim for expenses exists); or
4. when a Court orders the return of the livestock.

If you do exercise your right to detain the animals, you must make sure that you care for them properly otherwise you may be liable for any distress or hurt befalling them.

If you legally detain the animals for 14 days or more, you may acquire the right to sell them (although the proceeds, less your costs and claim for damages, will go to the animals’ owner). However, you cannot do this if arrangements are already in hand for their return, or if any claim for the damage done by the livestock is underway. Take care when exercising any of the above rights although, fortunately, most incidents of straying are resolved quickly and amicably.

Rabbit Damage

Wild animals are generally not subject of trespass. In essence a rabbit wandering onto your land belongs to you and you are entitled to kill it. Likewise, you are not liable for any damage they may cause if they then cross onto your neighbour’s land – unless you have deliberately brought larger numbers onto your land than it can reasonably sustain.  If this is the case, liability for damage to another's land might arise on the principle that one should use one’s own property so as not to injure the property of another.  Neither are you likely to found liable for rabbit damage if you fail to control the population (unless you’ve agreed to do so). However, entering someone else’s land to dig up burrows because the rabbits have become a nuisance cannot be justified and damage caused by rabbits can rarely give rise to a claim against the landowner. However, the usual rules for controlling rabbit numbers on your own land (once they are there) will apply (subject, of course, to any other game and shooting rights).

For more information or advice on animals and the law: straying; dog worrying; and rabbit damage, please contact Tim Reid or Paul Rice.