Access to home via farm track

neilo

Member
Mixed Farmer
Location
Montgomeryshire
Can we see a picture of the sheep that did that pile of sh!t must be one big animal

I think the OP might have spent an hour collecting it all with his bucket, to make poo castles for us to see how big a problem it is on ‘his’ track.

It looks like nice firm stuff. If he was to compress it in the bucket I bet it would make lovely castles.:)
 

Fendt516profi

Member
Livestock Farmer
Location
Yorkshire
I think the OP might have spent an hour collecting it all with his bucket, to make poo castles for us to see how big a problem it is on ‘his’ track.

It looks like nice firm stuff. If he was to compress it in the bucket I bet it would make lovely castles.:)
Surely if he drives over it and squashes it in it'll help bind the plainings together and it will help the road grow bigger
 

Dry Rot

Member
Livestock Farmer
I remember talking to a solicitor who had been to court over an access, his client had access rights and wanted to improve the track, however the landowner would not allow him, the crux of the matter was the width of the access rights (which turned out to be too narrow to allow in practice to allow any improvements).

I remember visiting a house with access via two stone gate posts, I think these were 9' or maybe less! The owner of the land would not allow them to be widened, I was told the oil delivery company only had one lorry that could fit through the posts!

The entrance from the county road here was over a culvert by way of concrete pipes and too narrow for most lorries. When I saw the price of those concrete rings I nearly fainted! The landowner gave permission for me to insert a big plastic water main pipe (300mm?) through the cocrete pipes extending the culvert by a few feet either side which was then built up. The water in the ditch was very slow moving and 300mm could easily cope.

But I think the easement would be for access "as existing". So if it was for a domestic house as required for private car, any improvement would have to be with the principal's consent. "As existing" applies to quality and quantity, so if the house holder decided to open up (say) a camping site, he would need permission for the extra traffic to use the road. Easements/rights of access can be very valuable. Best not to fall out with the owner.
 

Fendt516profi

Member
Livestock Farmer
Location
Yorkshire
Another house has access across ours and a neighbours land previous owners of the property asked to put cattle grids in before that there would be 5 gates to open and close and another 3 cattle grids to cross on neighbours
 

Dry Rot

Member
Livestock Farmer
I can't produce any legal authorities but I have an idea rattling through my mind that obstructing a right of way for up to 20 minutes is considered "reasonable", or at least was. Sometimes a way has to be obstructed for perfectly legitimate reasons and we are expected to accept that, "within reason". I did not accept that my neighbour digging up our shared road to lay a water pipe was "reasonable", but just backed up and made myself another cup of tea to keep the peace! Unfortunately, even a straw will break a camel's back, eventually.
 

Ffermer Bach

Member
Livestock Farmer
Another house has access across ours and a neighbours land previous owners of the property asked to put cattle grids in before that there would be 5 gates to open and close and another 3 cattle grids to cross on neighbours
And I have had Charolais calves clear a cattle grid, I was shocked and worried that they were going to land in it and break a leg, so there is no way I would allow a cattle grid (except with a gate either side of it)
 

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PAAB

Member
Location
South-West
I don't understand why you are attacking the OP for asking a reasonable question. The part where the farmer has to maintain the track (according to the OP) doesn't seem to matter to anyone, its just turned into a yell at the "outsider" thread. The world doesn't revolve around you either, so calm down.

Hopefully the OP has now realised that the installation of the fence is a bigger deal than they first thought. If the farmer does have to maintain the track to an acceptable standard and it turns out it isn't, then they should take steps to ensure it's bought up to spec at the farmers expense.
@PAAB perhaps time to check out who is legally responsible for what and take it from there. There may be nothing you can do.

The matter is now with my solicitor to look at options and the way forward
 

Dry Rot

Member
Livestock Farmer
Is it stated in your deeds to what standard it should be maintained?
What is it like at the moment? Any photos of current condition?

Probably to the standard required for the occupants of a domestic house.

I used to live up a road owned by the Forestry Commission. A few weeks of timber extraction left all the roads in a bad state, but suitable for farm traffic. They thought I'd have to put up with that. Sorry, not satisfactory. They had to regrade it so it was suitable for a private car. Not public road smooth but not a mess of ruts either. Always read the deeds and see what was agreed. But a bit of sheep sh!t would not have rendered it impassable.
 
Probably to the standard required for the occupants of a domestic house.

I used to live up a road owned by the Forestry Commission. A few weeks of timber extraction left all the roads in a bad state, but suitable for farm traffic. They thought I'd have to put up with that. Sorry, not satisfactory. They had to regrade it so it was suitable for a private car. Not public road smooth but not a mess of ruts either. Always read the deeds and see what was agreed. But a bit of sheep sh!t would not have rendered it impassable.
I can think of quite a few farms accessed over stone tracks, some of them pretty rough, I can also find remote rural properties that are accessed from council roads in an even worse condition, indeed the worse council roads are probably even worse as the pot holes in the tarmac tend to be sharper edged than the potholes in stone tracks.
 

Agri Spec Solicitor

Member
Livestock Farmer
We have a long lonning to farm 2 which has a caravan site. In a review someone had a moan there were some deep potholes.
Later on I was apologising for the potholes which could not be properly fixed due to constant rain.
Reply: “Well at least we knew we were on the right track!” So potholes are not always bad!
Seriously, I agree the comments about there being so many disputes about shared access. However there is no point in speculating on any of them before reading the terms of the grant in the title documents. The whole thing can turn on a word or a phrase. I suggest it is better to obtain advice before engaging the opposition. Cheaper in the long run in most cases.
 
Location
southwest
I do wish we could get the land owner, and perhaps the ‘shepherd’, to post their side of the tale on here...

Land owner is probably p issed off about how much his "new" neighbour and the rest of his household drive through his yard at all times of the day and night on their way in and out. And that the neighbour thinks he's a free Amazon parcel depot!
 

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