Access to home via farm track

Ffermer Bach

Member
Livestock Farmer
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?
A track "open" to the fields is great too when slurry/muck spreading as you can drive onto the field at a different point each time so stopping getting ruts in a gateway (and silaging if the ground is a little wet too), so a fence would be a big disadvantage to the farmer, not even thinking about the hassle of getting a field number for a new parcel and having to change IACS maps when doing single farm payment.

I think the first port of call would be, look at the deeds and your correspondence with your solicitor regarding the matter when you bought the house. Rights of access is a legal minefield. Is your access for social, domestic and pleasure? How wide is your right for? Do you have just access or are you allowed to maintain the road?

If someone had access through my field and decided to place 100 tons of planings on it unilaterally I would be tamping, big time!

I have also read on here not to use planings for cow tracks, as the stones in the planings cause lameness in the cattle.
 

PAAB

Member
Location
South-West
To anser some of the above comments as there has clearly been some misinterpretation resulting in some of the above posts:-

1.There was already a stone track, which has worn down so badly over the years that large boulders were now visible since we moved in. No attempt by the farm to maintain the track even though it is in the deeds that it is their responsibility to maintain it. Hence why I took the action upon myself as all previous kind requests had fallen on deaf ears

2. The track is lower by approx 0.5mtr in places than the field so no issue with restricting large vehicle by putting up a fence - the track itself is the physical width restriction. This also means that in places the sheep can;t move off the track onto the field because of the height difference.

3. Fencing the other side of the track would removed the need to have a closed gate as the sheep would not be able to access the track so the gate could stay open. We haver to stop and open/close the gate, as does everyone who drives the track (shephered, farmer, postman, delivery man - some of whom will not open a closed gate due to company policy on entering a field with livestock in it)

4. The field is rocky and hilly so no use for anything other than grazing so no need to consider muck spreading etc as being an issue

Hope this helps with some of the above comments
 

PAAB

Member
Location
South-West
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.
to the contrary, it would remove the current requirement to open/close a gate everytime the track is driven, which when it is pis*ing down and dark would be quite a bonus!
 

Robt

Member
Location
Suffolk
to the contrary, it would remove the current requirement to open/close a gate everytime the track is driven, which when it is pis*ing down and dark would be quite a bonus!
Your only real way to solve this and to ensure longterm happines for you is to either buy some land off the farmer to build your own track or buy the existing track. Every other option will always have to be compromise on your behalf.
 

PAAB

Member
Location
South-West
Your only real way to solve this and to ensure longterm happines for you is to either buy some land off the farmer to build your own track or buy the existing track. Every other option will always have to be compromise on your behalf.

thanks - tried that but not willing to sell
 

tepapa

Member
Livestock Farmer
Location
North Wales
to the contrary, it would remove the current requirement to open/close a gate everytime the track is driven, which when it is pis*ing down and dark would be quite a bonus!
You missed the point there. Yes there would be less gates for you to open/close but more for the farmer to open/close to go off the track into the field.
 
To anser some of the above comments as there has clearly been some misinterpretation resulting in some of the above posts:-

1.There was already a stone track, which has worn down so badly over the years that large boulders were now visible since we moved in. No attempt by the farm to maintain the track even though it is in the deeds that it is their responsibility to maintain it. Hence why I took the action upon myself as all previous kind requests had fallen on deaf ears

2. The track is lower by approx 0.5mtr in places than the field so no issue with restricting large vehicle by putting up a fence - the track itself is the physical width restriction. This also means that in places the sheep can;t move off the track onto the field because of the height difference.

3. Fencing the other side of the track would removed the need to have a closed gate as the sheep would not be able to access the track so the gate could stay open. We haver to stop and open/close the gate, as does everyone who drives the track (shephered, farmer, postman, delivery man - some of whom will not open a closed gate due to company policy on entering a field with livestock in it)

4. The field is rocky and hilly so no use for anything other than grazing so no need to consider muck spreading etc as being an issue

Hope this helps with some of the above comments

but to what standard?

passable for his tractor or a low slung sports car?

there is a world of difference between the two, you need a clear view on this from the deeds.

how long have you lived there, did you buy it off him or someone else? If someone else was anything raised in the searches about access issues?
 

Goweresque

Member
Location
North Wilts
1.There was already a stone track, which has worn down so badly over the years that large boulders were now visible since we moved in. No attempt by the farm to maintain the track even though it is in the deeds that it is their responsibility to maintain it. Hence why I took the action upon myself as all previous kind requests had fallen on deaf ears

You bought the property with the access in that state, even if you owned the track outright you'd still have had to repair/restore it at your own expense. So you are no worse off than if you owned it. You get the benefit of money spent on it whether its yours or someone else's. And as you and people delivering to you appear to be the most regular users of the track that seems eminently fair.

2. The track is lower by approx 0.5mtr in places than the field so no issue with restricting large vehicle by putting up a fence - the track itself is the physical width restriction. This also means that in places the sheep can;t move off the track onto the field because of the height difference.

Farm machinery on the back of a tractor is often wider than the vehicle. Trying to take a wide bit of kit down a narrow track with stock netting either side is a nightmare, if the back wheel goes in a pothole the back end shifts sideways and bang, you've taken out a fence post, or snagged the netting. Plus you still have the problem of turning off the track into the field - unless you make the fence set way back its nigh on impossible with trailed or over hanging equipment. Every farmer knows you don't restrict access points without very good reason, there will always come a time when you need a larger access than you ever considered, and the only way then is to start removing fencing etc. So always best to leave things open if possible.

3. Fencing the other side of the track would removed the need to have a closed gate as the sheep would not be able to access the track so the gate could stay open. We haver to stop and open/close the gate, as does everyone who drives the track (shephered, farmer, postman, delivery man - some of whom will not open a closed gate due to company policy on entering a field with livestock in it)

Ah, we arrive at what is probably the real reason, you don't like opening and closing the gate every time you come in and out, and your Amazon deliveries get left at the end of the track. Well you bought the place with those restrictions in place, why do you think others should save you from your own decisions?
 

Davy

Member
Location
North NI
The track was in poor repair when you bought the property. Was there not an agreement sought before purchase? I don't see why the farmer should make accommodations to you, especially if it the property wasn't purchased from them.
 

Ffermer Bach

Member
Livestock Farmer
The track was in poor repair when you bought the property. Was there not an agreement sought before purchase? I don't see why the farmer should make accommodations to you, especially if it the property wasn't purchased from them.
when I bought the farm, our solicitor put in to the agreement with the neighbour (who's track we shared) that it would be maintained in a state suitable for a private car with joint cost sharing. He told us, it was important to state to what standard it was going to be maintained to, and the fence to his field remained his, but the solicitor said if he had been acting for the neighbour he would have put in a stipulation for us to maintain the fence too.
 

PAAB

Member
Location
South-West
You bought the property with the access in that state, even if you owned the track outright you'd still have had to repair/restore it at your own expense. So you are no worse off than if you owned it. You get the benefit of money spent on it whether its yours or someone else's. And as you and people delivering to you appear to be the most regular users of the track that seems eminently fair.



Farm machinery on the back of a tractor is often wider than the vehicle. Trying to take a wide bit of kit down a narrow track with stock netting either side is a nightmare, if the back wheel goes in a pothole the back end shifts sideways and bang, you've taken out a fence post, or snagged the netting. Plus you still have the problem of turning off the track into the field - unless you make the fence set way back its nigh on impossible with trailed or over hanging equipment. Every farmer knows you don't restrict access points without very good reason, there will always come a time when you need a larger access than you ever considered, and the only way then is to start removing fencing etc. So always best to leave things open if possible.



Ah, we arrive at what is probably the real reason, you don't like opening and closing the gate every time you come in and out, and your Amazon deliveries get left at the end of the track. Well you bought the place with those restrictions in place, why do you think others should save you from your own decisions?

The deliveries are left at the farm, so no issues there so you are way off the mark with regarding opening the gate. Care to presume anything else?
 

Highland Mule

Member
Livestock Farmer
Still no reason to spray them when you fetch them out of the gap/fence in my opinion.

Why not? - might help farmer to now if it's repeat offenders that need culled for bad behaviour. Alternative is that the OP just calls the farmer every time he sees one stuck and gets him to come back and forth to free them. I'm struggling with the negative attitude to the OP tbh - both on here and as alledged by the farmer. If it is as I imagine from the description, I would be happy for this to happen if it were my land, and would probably integrate a catching area within the roadway to assist with loading etc.
 

Chris123

Member
Location
Shropshire
@PAAB
Look at it this way the farmer owns the driveway to your property if they let you fence it off so it is solely a route to your property the boundaries become blurred. You sell your place with the fence up down the drive/track the next owner might wrongfully claim ownership of the track which could worst case scenario end up with the dispute settled in court and a big legal bill for the farmer to fight it. There is no way I would allow you to put the fence up over my property.
do you still want think he’s being unreasonable if so your best bet might be to make him an offer he can’t turn down for the field.
 

Chris123

Member
Location
Shropshire
Why not? - might help farmer to now if it's repeat offenders that need culled for bad behaviour. Alternative is that the OP just calls the farmer every time he sees one stuck and gets him to come back and forth to free them. I'm struggling with the negative attitude to the OP tbh - both on here and as alledged by the farmer. If it is as I imagine from the description, I would be happy for this to happen if it were my land, and would probably integrate a catching area within the roadway to assist with loading etc.
Can’t understand why you would be happy for someone else to spray mark your sheep/property if they get stuck in the hedge or any other reason. Based on that would do you think it’s ok for me to use some stock marker to put a cross on cars that park in my gateway preventing access to identify reoffenders
 

PAAB

Member
Location
South-West
Why not? - might help farmer to now if it's repeat offenders that need culled for bad behaviour. Alternative is that the OP just calls the farmer every time he sees one stuck and gets him to come back and forth to free them. I'm struggling with the negative attitude to the OP tbh - both on here and as alledged by the farmer. If it is as I imagine from the description, I would be happy for this to happen if it were my land, and would probably integrate a catching area within the roadway to assist with loading etc.

Thanks Highland Mule - I'm amazed at the negativity too. All I've asked for is a little help with protecting the track. I reckon I've been a pretty good neighbour. If I was a farmer, I would be only too pleased to have someone who is willing to help my animals living close by and help/intervene were necessary. I gave a guy a right rollicking the other day for having his dog off a lead as I saw the potential for a disaster - its the things like this that I just do off my own back. I cannot fathom the mentality of some people on here questioning my motives!
 

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