Dog walking permission

einstein

Member
Location
Rutland
I rent a few acres on an aha tenancy, mostly arable but also 4ha of grass. I dont have sheep any more so a mate brings his over from time to time to keep the grass down. No rent involved but i do get a bit of lamb now and then.
Some of the villagers walk their dogs around the field, often on a daily basis. Which i dont mind at all as im well acquainted with them. Am i risking creating some right of way if i allow them to carry on just with a verbal agreement or would it be better to get them to sign something -you never know they might not be friends forever.!!
There is a very short public footpath across part of the field
Would be interested to hear what others do?
 

tepapa

Member
Livestock Farmer
Location
North Wales
I'd love to see if your risking your AHA tenancy by letting walkers use the land. But yes they'll be creating a right of way to walk. If I was your landlord I'd be looking to get you out of the tenancy.
 

flowerpot

Member
If you officially close it once a year, say Christmas Day then that will not create a right of way.

A right of way is when it is used without challenge for 20 years, as of right. A Permissive Way will not become a Right of Way.
 

BRBX

Member
Mixed Farmer
Location
nottingham
We have some people that walk out the back of there garden and around the arable fields , whilst they are not the perfect neighbours the world does need to turn so we have told them they and their dogs need to keep out during ground nesting season , which they do.
I would sooner they stop out altogether as they are the sort to try a claim some right of way but as said the world needs to turn.
 
Potential tenancy issue if a right of way is given
but this needs to be 365 days a year keep them out when sheep graze in the field
but only one day a year exclusion prevents a right of way

good to keep in with the non farming community they will also help deter fly tippers or traveler caravans
hare coursers ect
 

Dry Rot

Member
Livestock Farmer
There are situations (or were, I am out of touch) in Scotland, where the rent is stated as "one peppercorn per year if asked". A peppercorn supposedly being worth nothing so will never be asked for. Probably still perfectly legal but a solicitor will know. Might not be a good idea just to give verbal permission but that's just because I believe in putting agreements in writing to clarify what both parties intended. If there is a "lease", you can insert whatever legal conditions you like, just get it signed and dated by both parties.
 

britt

Member
BASE UK Member
We have some people that walk out the back of there garden and around the arable fields , whilst they are not the perfect neighbours the world does need to turn so we have told them they and their dogs need to keep out during ground nesting season , which they do.
I would sooner they stop out altogether as they are the sort to try a claim some right of way but as said the world needs to turn.
You need to stop them going directly from their property to yours immediately. The fact that they can claim a direct access to your ground is a massive can of worms. I've had folks put gates in their back garden fence and have insisted that they remove them. They might seem ok, but the folks that next buy the house may assume that they have a right and the presence of a gate only confirms this.
 

BRBX

Member
Mixed Farmer
Location
nottingham
You need to stop them going directly from their property to yours immediately. The fact that they can claim a direct access to your ground is a massive can of worms. I've had folks put gates in their back garden fence and have insisted that they remove them. They might seem ok, but the folks that next buy the house may assume that they have a right and the presence of a gate only confirms this.
I did ask the land owners at the time ( who have a lot of property experience) and he said if they put a boundary fence in they can put as many gates in it as they like but dosnt imply any right of way , if they want to come our side to cut the hedge they need to ask! And we could fence up to it.
 
You need to stop them going directly from their property to yours immediately. The fact that they can claim a direct access to your ground is a massive can of worms. I've had folks put gates in their back garden fence and have insisted that they remove them. They might seem ok, but the folks that next buy the house may assume that they have a right and the presence of a gate only confirms this.
I have been a member at our local bowls club for 45 years and the bungalow that borders the club has a raised parking area and a small pair of steps that come down onto the clubs grass by the green .( The person that built the bungalow was an original founder member )Many times people say how nice that the inhabitants of said bunglaow can walk down straight onto the green and it wasnt a problem till the old lady died last autumn and it was for sale !
We discussed if the steps (on club land deeds ) were a problem with a new owner ,and it took a bit of soul searching , so when it was still for sale , our chairman put an end to it , one weekend ,when he skillfully removed them and left no trace much of an access point!
Better safe than sorry , although I did laugh !
 

egbert

Member
why if you were my landlord would you be looking to get me out of my tenancy?what are you basing that statement on?
You may have nothing to fear whatsoever.

However, many AHA's offer a tenant a level of security and financial advantage that LL's find hard to weather.
I don't know anyone elses figures, least of all yours, but my own rent might very easily double if I could be shunted onto an FBT, along with the loss of any right of succession.

I believe the tenanted sector is littered with sly agents who've tried to sneak tenants out of AHA's.

Ain't none of my concern. I commented out of altruism.

edit...sorry, misread your post. i see you were responding to something else.
 

tepapa

Member
Livestock Farmer
Location
North Wales
why if you were my landlord would you be looking to get me out of my tenancy?what are you basing that statement on?
If I found out you had given permission (verbally) to allow people to potentially create a new footpath that did not exist before.

It's seems, from what I've read, is that's it's easier for people to claim to have walked a path for 20 years and claim it as a right of way but to counter act the claim you need actual proof that they haven't been using the path and evidence to back you up. Finding evidence of them not using the path from 20 years ago seems a bit difficult especially when you don't have any.

So as a landlord, if you were allowing the creation of a right of way over the land I'd be going through the tenancy to see if you were in breach. Just my opinion remember.
 

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