Managing Livestock on Commons with Unfenced Roads
Context
Many roads cross common land that has had livestock grazing on it for generations. Over the last ten years, livestock numbers have been reduced on commons, partly as a result of agri-environment agreements. More recently, some new agreements are looking to change stocking types and levels, with cattle increasingly being introduced back on to commons to control the growth of coarse grassland and improve the diversity of the ground flora.
This information is aimed at informing stakeholders of the main issues to consider when managing livestock on commons with unfenced roads.
Background
Animal types and numbers that are indicated in the commons register are entitled to graze the relevant common. It is possible that a local agreement may have been reached by the commoners not to fully exercise their rights for a variety of reasons, possibly as a result of the commoners entering an agri-environment agreement or concerns for the safety of grazing livestock in urban areas.
For further details see Agri-environment Schemes.
Legal responsibility: Where roads cross a common (or land where fencing is not customary, or it is a town or village green), they are normally unfenced and, under these circumstances, the legal position is that provided a grazier has a right to graze the animals in question then, under the 1971 Animals Act, where damage is caused as a result of these animals straying on to a highway, the person who placed them on the land shall not be regarded as having committed a breach of the duty of care by reason of only placing them there.
Reducing Risks
There are a number of ways to reduce risk. Click below to find out more.
Further information and signposting