Harnessing the Law: Equine Impoundment and Fly-Grazing Challenges

Fly‑grazing, where horses are left to graze without permission on private or public land, continues to test patience and wallets, and create animal welfare concerns across the countryside. It is more than an irritation at the field edge. Unchecked, it erodes forage and fencing, exposes landowners to liability risks, and too often leaves the animals themselves in a precarious situation. The law has gradually sharpened its tools over time in both England and Wales, with the Control of Horses Act 2015 now celebrating a full decade since commencement. Effective handling of fly-grazing still depends on calm, lawful action by those on the ground and clear cooperation between landowners, local authorities, and police.

At the heart of the modern response is the Control of Horses Act 2015 in England, which was designed to provide a swift, practical route to deal with horses left unlawfully on land. It enables landowners, local authorities and certain other lawful occupiers to detain horses suspected of fly‑grazing and, after a short statutory detention period, to dispose of them through sale, rehoming or humane euthanasia. The point of this framework is to restore control of land, protect public safety and welfare, and ensure that owners cannot abandon responsibility for their animals. Wales forged the path first with the Control of Horses (Wales) Act 2014, which similarly empowered local authorities and others to seize and dispose of fly‑grazed horses, reflecting the acute fly‑grazing problems seen there a decade ago. While there are procedural differences between the regimes, the policy ambition is aligned: rapid intervention, clear notice requirements, and lawful disposal routes that prevent indefinite, costly standoffs.

What should landowners and land managers do when they find horses fly-grazing on their land?

The practical question for landowners, farmers and land managers is how to act decisively without stepping outside the legal boundaries. Three points matter:

Act within the statutory framework;

Do not improvise. In England, that means using the Control of Horses Act 2015 process, including prompt notifications to the police and reasonable steps to identify and notify the owner, if known. The statutory timetable is deliberately tight, allowing lawful disposal once the detention period has expired, provided the procedural steps have been followed. There are specialist bailiffs that can assist with this.

Maintain welfare standards throughout.

Detained horses must be kept in accordance with the Animal Welfare Act 2006 and relevant codes of practice. Even when an animal is unlawfully present, the duty of care during detention still applies; substandard care will only compound risk and undermine any subsequent decisions about disposal.

Document everything.

Well‑kept records of when animals were discovered, notices served, efforts to contact owners, and costs incurred are invaluable if a dispute subsequently arises.

What else do landowners and land managers need to be aware of?

The Control of Horses Act 2015 primarily updated the Animals Act 1971, which remains central to the legal landscape. It offers two important sets of tools and risks.

On the “tools” side, the Animals Act 1971 recognises the right of landowners and lawful occupiers to detain trespassing livestock, including horses, and provides a structured process for giving notice, recovering reasonable costs of keeping and damage, and, where animals remain unclaimed, arranging sale or other lawful disposal in accordance with the Act’s procedures.

On the “risk” side, keepers of horses can face civil liability for damage caused by their animals, including when animals stray onto highways or into neighbouring land. That liability risk is precisely why those dealing with fly‑grazing should follow the letter of the statutory processes: correct notices, appropriate care, and adherence to timelines will reduce exposure and strengthen the legal footing of any action taken.

Correctly and carefully following the necessary legal processes in relation to fly-grazing horses will also help landowners and land managers who find themselves temporarily in charge of the animals in question to avoid causing any unnecessary suffering to the horses. Under the Animal Welfare Act 2006 it is an offence to cause unnecessary suffering to domestic or “captive” animals – including livestock and horses. It is also an offence to “permit” or fail to take reasonable steps to prevent action or inaction by someone else that causes unnecessary suffering. Choosing appropriately qualified specialists to assist with removal and detention of any fly-grazing horses while carefully following the letter of the law helps manage that risk and avoid unnecessary harm and commission of an offence

Prevention is better than cure

None of this is a substitute for prevention. Secure boundaries, visible signage, prompt reporting to the police or local authority when unfamiliar horses appear, and early engagement with neighbours and local horse communities can stop a brief encroachment from turning into a chronic problem. But when fly‑grazing occurs, the law does provide a realistic route to resolution. The legal route enables landowners to act quickly, and provided they follow the statutory steps meticulously, keep the animals safe while detained, they can bring matters to a lawful conclusion without delay. Done properly, equine impoundment using the Animals Act notice regime and the equine-specific amendments made by the Control of Horses Act restores control of the land, keeps people and animals safer, and ensures that responsibility lies where it belongs: with those who choose to keep horses.

How can we help

If you’re facing fly-grazing issues the team here at Charles Russell Speechlys would be happy to discuss how we can help.

Field Notes is Charles Russell Speechlys’ weekly agricultural law blog, sharing plain-English insight into the legal and policy issues affecting agriculture, agricultural land and rural business life. From hints and tips on avoiding agricultural disputes, pitfalls to keep an eye out when planning for tenancy or family agri-business succession, to the latest agricultural legislative or policy changes and the most interesting farm-related court decisions, Field Notes makes the complex more understandable, always grounded in the realities of life on (and off) the land.

Field Notes comes out every Wednesday. Previous editions of Field Notes include:

• What do agricultural landlords and workers need to know about the Renters’ Rights Act?
• Maile v Maile – Assurances and Detriment Under the Microscope in Family Farm Claims
• Family farm and the family firm: When sibling rivalry becomes unfair prejudice
• Fireworks, livestock, and liability: what risks and duties do farmers and event organisers need to be aware of? 
• Old Michaelmas: Where Folklore Meets Fields, Fairs and Fine Print