Your Horse column – Can I keep my horse on my friend’s land?

Q – A friend has recently bought a property with stables and grazing and has said I can keep my three horses there with hers, which is great because we can help each other out.

But someone has told her that she needs to get permission to have other people’s horses on your land. Please can you advise us on this?

A – There are generally two methods by which you can be restricted in the way in which you use land that belongs to you. These are by law or as a result of a restriction in respect of your land in particular. Land use in your case will be governed by the Town and Country Planning Act 1980 which states that a change of use of land to “Agricultural”, and the keeping of horses is specifically included in this, does not require any specific permission.

This leaves only a Restriction that may affect your friend’s land in particular. If he is the outright owner, rather than being a tenant, then it is unlikely that there will be any. That said, a quick look at the land registry records (available online) should tell you about any Restriction that may be in force just to be sure.

If there is any Restriction then you would need to seek the permission of the person whom the Restriction is in favour of and ask that they agree to it being lifted.

Further if your friend will be accepting money in return for keeping your horses on her land she may wish to check that this is permissible under the terms of her mortgage (assuming that she has one).

If there are no Restrictions in place then you should be free to keep your horses on your friend’s land as you wish.

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