Access to home via farm track

The Seeker · Jun 7, 2021

Do you own the land the track is on ? if not its the farms track and therefore he did you a good turn letting you put hardcore down. i can see how you might not feel happy about this but from what i can gather it was never your land.

PAAB · Jun 7, 2021

primmiemoo said:
Credit for doing your bit towards upkeep, @PAAB . Planings can be looser than they look ~ know from experience ~ and if you really want to see them lift, then have cattle roaming it! I'm interested to see the tip for setting it mentioned upthread.
It could be best to remain pragmatic, roll it down every so often, and mend as and when. There's a lot to be said that's positive about being at the end of a long lane.

Thanks for the time to reply and you are absoulutely right about the positive of being at the end of a lane. I just wish the farm would be a bit more understanding. The amount of ewe's I've rescued from fences and lambs that I have reunited with ewe's woudk number in their dozens in the past two years. I've fixed fences when I have discoverd holes to stop them escaping time and again (because it is me who had to reunite mothers and babises otherwise I cannot sleep!)

PAAB · Jun 7, 2021

Really appreciate all your replies to this - some good, some not so but all valuable and with different views. But essentially, it's not my land so I should not attempt to fence it

toquark · Jun 7, 2021

Derrick Hughes said:
he is braking the law touching it surly if the farmer owns it

Not sure about English law but in Scotland if you’ve got right of access it means just that - you may keep the access right open physically, that may mean cutting back vegetation or filling potholes at your own expense.

In practice though a phone call to the landowner would be wise before embarking on any forays into civil engineering…

Derrick Hughes · Jun 7, 2021

the flip side I made a new track for my one . Hes also at the end of the track .he reported me to the council for no planning . But came over and thanked me for the fantastic improvement

primmiemoo · Jun 7, 2021

PAAB said:
Thanks for the time to reply and you are absoulutely right about the positive of being at the end of a lane. I just wish the farm would be a bit more understanding. The amount of ewe's I've rescued from fences and lambs that I have reunited with ewe's woudk number in their dozens in the past two years. I've fixed fences when I have discoverd holes to stop them escaping time and again (because it is me who had to reunite mothers and babises otherwise I cannot sleep!)

They do have an uncanny knack for misadventure in the early hours, don't they

. Do your farming neighbours know that you're keeping an eye out for their stock? I would be inclined to buy a tin of marker spray (approved for use on sheep) from the agricultural merchant, and spray a dot on the back of the neck of each sheep removed from a fence

chaffcutter · Jun 7, 2021

Sheep love to lie on tarmac as it holds the heat when the evenings cool down. It was perhaps not the best choice of material in hindsight but it’s now done. I agree that you must try not to fall out with the farmer and shepherds but if you ask them if they can suggest a possible solution you may find something mutually acceptable.

uztrac · Jun 7, 2021

Get in your car and visit the farmer ( landowner) and sort out the issues.A good bottle of Malt Whisky and or Port goes a long way in these matters.

betweenthelines · Jun 7, 2021

PAAB said:
I own the property. When I bought it, I was aware that the fields around it had sheep during the summer, but they weren't there as I when I viewed the property and moved in, it was over the winter. In my nievety, I assumed the sheep would be contained. However, clearly they aren't on all of the farm (some are).

So the farmer has done nothing wrong, he is doing what he (and I suspect his forefathers) have always done. Why should he do anything different just because you didn't think through your purchase?

Never "assume"- it makes an ass of u and me.

I would be very careful what you do with the track, it belongs to the farmer, not you. How would you feel if he put a stock fence a couple of metres within your garden boundary or dumped a bit of hardcore on your lawn? Because that is exactly what you have done or wish to do on his property!

milkloss · Jun 7, 2021

I'd guess the planings will settle down over time. I can imagine they do track on the tyres in this weather but once theres some junk in it and on it it'll probably be ok. I would suggest a leccy fence when the conditions make them stick but to remove it any other time and your farmer might agree.

kiwi pom · Jun 8, 2021

You really need to find out exactly who's responsible for what, to see if there's anything you can do.
If there is you could always try a TFF favourite and get a land agent to sort it for you, they would then charge the farmer for their time.

If they have no legal responsibility, it's really down to what you can work out.
We're only hearing one side of course, but you seem to be exactly the kind of neighbour a landowner or grazier would want. I can't for the life of me figure out why fencing the other side of the track would change the farm layout?
Seems reasonable to me, especially if you are paying.

egbert · Jun 8, 2021

Would this proposed fence reduce the need to open and close a gate or two?
Cos that would change the potential resale value of your property...... and nature of your request.

Would the lack of sheep on the track allow you (or your successor in title) to whizz along it a bit quicker?
Are couriers currently able to deliver?
Is the farmer concerned that what is currently a bumpy track someone uses sparingly and slowly, going to turn into a racetrack, used by endless comings and goings.

And then, who would be responsible for the jungle which grows along the track once fenced?
Are you going to buy a tractor and hedge trimmer to keep back the brambles etc that will be encroaching on your track in 2-3 years time?

It sounds an innocent enough request, but there are matter it affects down the line.....and Farmer Fred might already be way ahead of you thinking them through.

neilo · Jun 8, 2021

egbert said:
Would this proposed fence reduce the need to open and close a gate or two?
Cos that would change the potential resale value of your property...... and nature of your request.

Would the lack of sheep on the track allow you (or your successor in title) to whizz along it a bit quicker?
Are couriers currently able to deliver?
Is the farmer concerned that what is currently a bumpy track someone uses sparingly and slowly, going to turn into a racetrack, used by endless comings and goings.

And then, who would be responsible for the jungle which grows along the track once fenced?
Are you going to buy a tractor and hedge trimmer to keep back the brambles etc that will be encroaching on your track in 2-3 years time?

It sounds an innocent enough request, but there are matter it affects down the line.....and Farmer Fred might already be way ahead of you thinking them through.

If the owner of the sheep uses the track as access, it would likely entail more gates to open, or electric fences to drop, for him to get in and out of the fields.

neilo · Jun 8, 2021

kiwi pom said:
We're only hearing one side of course, but you seem to be exactly the kind of neighbour a landowner or grazier would want. I can't for the life of me figure out why fencing the other side of the track would change the farm layout?

Really? Our (tarmac) farm drive winds through parkland that almost always has sheep grazing on it, who sit on it when it's warm in the evening and inevitably, cr*p there too. As well as being a busy footpath, the road serves as access to 4 let houses and a cricket club.
We occasionally have to 'have words' with some of the young guns from the cricket club when they drive through blasting their horn at the sheep just because they are late to training or whatever

and if any one of the users of that drive complained about sheep poo on the road it would be a number of very choice words.

If the want to have a pristine access road then they should buy a property that owns one, or go and live on the main drag somewhere. If they want to have the benefit of living in a beautiful, quiet location out in the countryside, they shouldn't complain about the residents that make the location just that. They are generally the same people that would complain about the combine making a bit of noise on one night of the year if I ploughed it all up instead.

I'm sorry if that sounds harsh to the OP, of who's situation we only have sketchy details.

holwellcourtfarm · Jun 8, 2021

PAAB said:
Thanks for the time to reply and you are absoulutely right about the positive of being at the end of a lane. I just wish the farm would be a bit more understanding. The amount of ewe's I've rescued from fences and lambs that I have reunited with ewe's woudk number in their dozens in the past two years. I've fixed fences when I have discoverd holes to stop them escaping time and again (because it is me who had to reunite mothers and babises otherwise I cannot sleep!)

You have an awkward situation there and I sympathise. You have partly answered your own question by pointing out how often you've rescued sheep from fences; that's probably why the farmer doesn't want more fences.

As others have said, it really hangs on what your deeds say regarding the track. If they don't specifically allow you to fences it then you can only try to gain the cooperation of the farm or all of you can change the track surface to one that will not suffer the problem.

Good luck.

kiwi pom · Jun 8, 2021

neilo said:
Really? Our (tarmac) farm drive winds through parkland that almost always has sheep grazing on it, who sit on it when it's warm in the evening and inevitably, cr*p there too. As well as being a busy footpath, the road serves as access to 4 let houses and a cricket club.
We occasionally have to 'have words' with some of the young guns from the cricket club when they drive through blasting their horn at the sheep just because they are late to training or whatever and if any one of the users of that drive complained about sheep poo on the road it would be a number of very choice words.

If the want to have a pristine access road then they should buy a property that owns one, or go and live on the main drag somewhere. If they want to have the benefit of living in a beautiful, quiet location out in the countryside, they shouldn't complain about the residents that make the location just that. They are generally the same people that would complain about the combine making a bit of noise on one night of the year if I ploughed it all up instead.

I'm sorry if that sounds harsh to the OP, of who's situation we only have sketchy details.

Yep really. I was referring to the fact that they have tried to fix the drive up themselves and regularly rescue sheep in trouble.
I don't know what state the road is in, or what kind of mess sheep are making but the op said there was a fence on one side so its not an open track through a paddock. Still can't see why both sides couldn't be fenced especially if the OP is willing to pay.
Perhaps there is a good reason. Maybe photos would help?

Bogweevil · Jun 8, 2021

PAAB said:
I like that! Positiveness

I am half full fella.

Goweresque · Jun 8, 2021

kiwi pom said:
. I can't for the life of me figure out why fencing the other side of the track would change the farm layout?

One side is already fenced, so by fencing both sides you'd create a long thin fenced area that was difficult to drive up and down with wide farm equipment, plus getting into the track from the fields either side with tractors and trailers would be equally difficult. If you made the fenced area wide enough to allow easy machinery access you then lose more grazing area and create a job for yourself to maintain the areas that used to be grazed but would now just grow tall grass and weeds. I can totally see why the farmer doesn't want a completely fenced off track, it would be nothing but extra hassle for him and his workers/contractors and he gains nothing from it. So why would he agree to it?

When you want to do a deal both sides have to gain something they want. The OP gains from a fence, what does the farmer gain?

Chris123 · Jun 8, 2021

primmiemoo said:
They do have an uncanny knack for misadventure in the early hours, don't they Do your farming neighbours know that you're keeping an eye out for their stock? I would be inclined to buy a tin of marker spray (approved for use on sheep) from the agricultural merchant, and spray a dot on the back of the neck of each sheep removed from a fence

Bad advice if somebody started spraying marks on our ewes and lambs that they had caught I wouldn’t be best pleased.

betweenthelines · Jun 8, 2021

Some people seem to be totally ignoring the fact that both the field, track and livestock don't belong to the occupier of the house!

Like I said, would the OP be happy for the farmers to put a fence in his garden, dump some plannings there and tell him how to look after his dog or cat?

Access to home via farm track

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