Access to home via farm track

[PAAB]

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?

 

[Cowmansam]

In what way do the sheep sh1!s damage the track or am I missing something?

 

[J 1177]

If they own the track its tough titties

 

[Yale]

Sorry,I think you will find the sheep were there before you moved in so there is little you can do unless the landowner agrees.

 

[PAAB]

In what way do the sheep sh1!s damage the track or am I missing something?

It picks up on the tyres of the cars and attaches half the track to it. I'm not talking a few dollops here and there, its a bucket full each day

 

[Cowmansam]

Spray your planing with diesel they will set properly and won’t lift

 

[PAAB]

Sorry,I think you will find the sheep were there before you moved in so there is little you can do unless the landowner agrees.

the sheep only return each year from May to November so perhaps we just have to put up with it, appreciate your reply

 

[toquark]

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.

 

[br jones]

Best look at your deeds ,and find out what's what

 

[Princess Pooper]

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!

 

[Netherfield]

Been there got the T shirt, neighbours are a goddam nuisance.

 

[primmiemoo]

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]

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]

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]

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.

 

[betweenthelines]

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]

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.

 

[Derrick Hughes]

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]

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).

 

[PAAB]

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