Legislation tightened on the fly-grazing of horses

Posted by Madelene Schofield-Whittingham in Excello Law Blogs on Monday, June 8th, 2015

The Control of Horses Act 2015 came into force on 26 May 2015.  This gives local authorities, freeholders and occupiers of land in England the power to deal with the fly-grazing of horses on their land more efficiently than they could under the Animals Act 1971.

The legislation enables local authorities to detain horses which are in any public place in their area without lawful authority.  A public place includes common land, town or village greens and highways or highway verges. Freeholders or occupiers of land similarly have power to detain horses on their land without lawful authority.

The Local Authority or other landowner now has the power to dispose of the detained animals after 96 hours if they have not been rightfully claimed.  This differs from their power under the Animals Act 1971 which stated that the animals could be disposed of only after a period of 14 days.  Disposal in this case includes selling, humanely destroying or giving to charity.

Landowners or occupiers who are the victims of fly-grazing on their land are recommended to seek legal advice to clarify both what they are lawfully able to do, and the limitations on their powers, in these circumstances.

Please note that this article was first published on Black Country Chamber of Commerce website and you can view the original article here.

This article was written by Madelene Schofield-Whittingham
Madelene Schofield-Whittingham

Madelene qualified in 1995 and has practised in London, Bristol and the Midlands, building up an extensive contact base. Madelene has wide experience in acting for large, medium-sized and small commercial and residential developers, including a national house-builder, from site acquisition through to sale of developed-out units. She also deals with the refinancing of portfolios or single sites, managing landlord and tenant lease portfolios, and acting for commercial landlords and tenants in the grant, assignment and termination of leases. Madelene has also acted for many company-owner retirement pension funds in respect of the acquisition into and the sale out of property assets including the transfer of assets into and between SIPP’s and SSAS’s. Madelene takes a commercial approach to her client’s needs and works with them to achieve each client’s particular needs against the backdrop of their own business framework.

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