The removal of horses that have either been abandoned or left to graze on your land without permission is usually done under the Control of Horses Act 2015 which makes the process quick, simple and certainly the most cost effective.
On 26 May 2015 The Control of Horses Act 2015 came into effect. The act has been welcomed by landowners, businesses, farmers and local authorities.
Prior to the act coming into force the eviction of Fly Grazing horses was usually done under provisions of The Animals Act 1971 and or under TORTS The Interference with Goods Act 1977.
Landowners were required to keep the horses for 14 days and then sell the horses by public auction.
Effect of the Act
Under the terms of the act Section 7A gives Local authorities and Section 7B gives landowners the power to detain horses who are on their land without lawful authority.
The landowner’s bailiff must report the detention to the local Police and the owner of the horse if known, as per under section 7C of the Animals Act within 24 hours.
The Owners of the offending horses have 96 hours (4 days) not including a Saturday, Sunday or a bank holiday to claim their horses. They must then pay the costs of detention and transport before they can get them back. If they do not pay, the horses can be disposed of straight away by sale or given to charity and in some sad cases by humane destruction.
The act only puts welfare provision on to the landowner in so much that the person detaining a horse is liable for any damage caused to it by a failure to treat it with reasonable care and supply it with adequate food and water while it is so detained.
The horses can be detained on site or at another safe place. The cheaper option would be to detain the horses on site and get the horse bailiffs to serve the notice & inform the Police. If the horses are not moved or claimed within the 4 days, the landowner can request the horse bailiffs to use horse contractors remove them straight to a charity or place of disposal.