Access to home via farm track

PAAB

Member
Location
South-West
Hello all, new to the site. Hoping someone must have experienced this issue before and offer some advice.
Access to our home is through a farm and along the farm's track. We are at the very end of the track. The track is only used by us, the farm (occasionally) and the shepherds who rent the adjacent fields. The issue we are having is preserving the condition of the track. Despite requesting assistance from the farm for a couple of years, none has been forthcoming with the track ever deteriorating, I took it upon myself to have 80-100 ton of tar planings placed and rolled at the cost of several thousand pounds. Of course, the issue is the sheep have free reign over the track. I have asked both verbally and written for the farm to consider a fence alongside the track (one side is already fenced) and I will fund the fence (only fair as it is us who want it). It will not take away any grazing or change land use Unfortunately, the farm will not offer their consent, there reasoning being that they do not want to change the layout of the farm. Every morning I shovel up a bucket load of faeces from the track before it is ruined, in an attempt to preserve it for as long as possible.
Do I have any other options here? Do the farm have a responsibility to keep livestock off their track if it is being used to access a private house. Can I legitimately erect a livestock fence or can they just remove it as they own the land. I don't think what I am asking is in anyway unreasonable and I'm not even asking for them to fund it.
Help?
 

toquark

Member
Unless otherwise stipulated in the title its usually "user maintenance". Whereby those that use the road, maintain it, regardless of actual ownership.

If you're the only regular user and the farmer doesn't really use it, then you are responsible for it upkeep.

Sheep wont be classed as a user.
 
Location
East Mids
Hello all, new to the site. Hoping someone must have experienced this issue before and offer some advice.
Access to our home is through a farm and along the farm's track. We are at the very end of the track. The track is only used by us, the farm (occasionally) and the shepherds who rent the adjacent fields. The issue we are having is preserving the condition of the track. Despite requesting assistance from the farm for a couple of years, none has been forthcoming with the track ever deteriorating, I took it upon myself to have 80-100 ton of tar planings placed and rolled at the cost of several thousand pounds. Of course, the issue is the sheep have free reign over the track. I have asked both verbally and written for the farm to consider a fence alongside the track (one side is already fenced) and I will fund the fence (only fair as it is us who want it). It will not take away any grazing or change land use Unfortunately, the farm will not offer their consent, there reasoning being that they do not want to change the layout of the farm. Every morning I shovel up a bucket load of faeces from the track before it is ruined, in an attempt to preserve it for as long as possible.
Do I have any other options here? Do the farm have a responsibility to keep livestock off their track if it is being used to access a private house. Can I legitimately erect a livestock fence or can they just remove it as they own the land. I don't think what I am asking is in anyway unreasonable and I'm not even asking for them to fund it.
Help?
But you put the tar planings down without considering if they were a suitable surface given that sheep would go on it. I doubt very much the farmer would have to keep sheep off it, after all, sheep wander on public roads all over the place where there is common or mountain land. I would have consulted my solicitor before doing anything to someone else's track but also been very wary when buying the property in the first place!
 

primmiemoo

Member
Location
Devon
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.
 

Bogweevil

Member
Just look at it differently; sheep shyte is excellent fertiliser. Mix up shyte/chippings in a bucket of water. Sieve out chipping and put back on road. Let shyte settle then decant liquid and use to water your roses and tomatoes. Put sediment in your compost bin. Collect top produce prizes in village show in August. Doesn't that feel better?
 

Goweresque

Member
Location
North Wilts
If you just have a right of access then you don't own the track so have no right to erect a fence alongside it. The track owners are completely within their rights to keep things as they are. Your property deeds (or Land Registry documents) should tell you what you can and can't do regarding the access, including what responsibility you have for track maintenance.

Could you not suggest a electric fence alongside the track? With you providing the fence and maintaining the battery? Or even having a mains fencer in your house and running a wire out to the fence? Then you aren't creating a new fence line or messing up access routes etc for the farmer, and its easy to shift if needed.
 

curlietailz

Member
Arable Farmer
Location
Sedgefield
Hello all, new to the site. Hoping someone must have experienced this issue before and offer some advice.
Access to our home is through a farm and along the farm's track. We are at the very end of the track. The track is only used by us, the farm (occasionally) and the shepherds who rent the adjacent fields. The issue we are having is preserving the condition of the track. Despite requesting assistance from the farm for a couple of years, none has been forthcoming with the track ever deteriorating, I took it upon myself to have 80-100 ton of tar planings placed and rolled at the cost of several thousand pounds. Of course, the issue is the sheep have free reign over the track. I have asked both verbally and written for the farm to consider a fence alongside the track (one side is already fenced) and I will fund the fence (only fair as it is us who want it). It will not take away any grazing or change land use Unfortunately, the farm will not offer their consent, there reasoning being that they do not want to change the layout of the farm. Every morning I shovel up a bucket load of faeces from the track before it is ruined, in an attempt to preserve it for as long as possible.
Do I have any other options here? Do the farm have a responsibility to keep livestock off their track if it is being used to access a private house. Can I legitimately erect a livestock fence or can they just remove it as they own the land. I don't think what I am asking is in anyway unreasonable and I'm not even asking for them to fund it.
Help?
I’d avoid falling out with your farmer neighbours at all cost.
I’d also consult my deeds to find out who’s actually responsible for maintainence. It will be there, and I’m assuming you bought the house at some point so will have been told who’s responsible ( even if you weren’t aware of what you were being told)

no farmer ever sells anything without making the conditions favourable to themselves.... and most often these conditions get lost in the deeds as covenants and in my experience householders just sign them without really taking in what they are signing up to.
 
Location
southwest
Has anything changed since you first occupied the property.

If not, it would seem that what you once found acceptable, you don't any more-this would be "your problem", not anyone else's.

Do you own the property or rent, and if so off who? If you bought the property, presumably you looked beforehand and knew what the access was like.

Also, how much traffic do you generate over the track? If it was originally used for 1 car in/out each day and you are a three car (or two car, one SUV) family, it could be said you are creating the issue in the eyes of the farmer
 

Matt77

Member
Mixed Farmer
Location
East Sussex
Politely asking if you can provide and maintain an electric fence would solve all problems there wouldn’t it, might be surprised and they say they have the kit and can you just check it.
 
Location
Ceredigion
Unless otherwise stipulated in the title its usually "user maintenance". Whereby those that use the road, maintain it, regardless of actual ownership.

If you're the only regular user and the farmer doesn't really use it, then you are responsible for it upkeep.

Sheep wont be classed as a user.
he is braking the law touching it surly if the farmer owns it
 

PAAB

Member
Location
South-West
Has anything changed since you first occupied the property.

If not, it would seem that what you once found acceptable, you don't any more-this would be "your problem", not anyone else's.

Do you own the property or rent, and if so off who? If you bought the property, presumably you looked beforehand and knew what the access was like.

Also, how much traffic do you generate over the track? If it was originally used for 1 car in/out each day and you are a three car (or two car, one SUV) family, it could be said you are creating the issue in the eyes of the farmer
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).
 
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PAAB

Member
Location
South-West
Just look at it differently; sheep shyte is excellent fertiliser. Mix up shyte/chippings in a bucket of water. Sieve out chipping and put back on road. Let shyte settle then decant liquid and use to water your roses and tomatoes. Put sediment in your compost bin. Collect top produce prizes in village show in August. Doesn't that feel better?
I like that! Positiveness
 

AGCO reports sales increase of 43.5% compared to 2020 figures

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Written by Agriland Team from Agriland

The tractor manufacturer AGCO, which consists of brands such as Challenger, Fendt, GSI, Massey Ferguson and Valtra, reported its results for the second quarter ending June 30, 2021.

Net sales for the second quarter were approximately $2.9 billion, an increase of approximately 43.5% compared to the second quarter of 2020.

AEM

Reported net income was $3.73/share for the second quarter of 2021, and adjusted...
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