The Animals Act 1971 superseded by the Control of Horses Act 2015 provides for landowners to deal with abandoned livestock (horses, cattle, sheep, pigs, goats, poultry, deer and some other animals in captivity). This provision is commonly used to deal with fly-grazers and trespassing livestock from neighbouring land. The key to relying on the Act is that the livestock must not have had a previous right of occupation. Typically, abandoned livestock refers to equine fly-grazing on either public or privately owned land.
It is important to instruct us without delay since the landowner is responsible for providing adequate food, water, shelter and veterinary care whilst the livestock are present. Our agents will swiftly serve abandonment notices with the intention that the owner of the livestock takes delivery. We will also log the trespass with the Police and provide the requisite 4 working days before undertaking any detainment action.
During the abandonment period, we will take steps to arrange a travel assessment, any duplicate passports, microchipping, immunisation and a local sanctuary with the capacity to house the livestock. In some cases, veterinary care is required due to the livestock being unwell, pregnant or in need of medical procedures. We do not transport livestock for meat production or to any facility that practices unnecessary euthanasia.
There are some instances where The Animals Act cannot be used and livestock is usually dealt with under the Torts (Interference with Goods) Act 1977. Examples include livestock remaining following enforcement of an Order for possession, forfeiture of lease or a grazing license. The main difference in rehoming is that the livestock will often be sold by public auction where there is sufficient value. The Torts Act provides for any costs borne by the involuntary bailee to be recovered before proceeds are passed to the legal owner.
We can also act under a Writ of delivery should the court have awarded the return of an animal to any party. Whilst this practice is uncommon; we have successfully enforced court orders for both racehorses and thoroughbred pets.
