Field Gateways

[Rural Idyll]

South West Water have extended a metaled highway into one of my gateways and placed 3 stop cocks/water meters. They claim that the land on the highway side of the gate (two feet) is part of the verge and they are therefore allowed to do this. My argument is that my gate is on the inside face of a hedge in order to allow it to open fully into a field and the supposed verge is just the gap left by the width of the hedgerow either side of the gate. I have contacted the highways authority and obtained a map showing the extent of the highway which does not prove anything eitherway but they have stated in an email that "we do not have any records to suggest that Devon County Concil is responsible for any gateway in the area covered in the plan". The problem for me is that I now have utilities running very near of perhaps under my gate which is due to have a drainage pipe placed across connecting the ditches either side & I do not want to end up unintentionally breaking something or disconnecting somebody and having to foot the cost of repairs. Has anybody come across such a situation before & if so what did you do about it.

 

[Steevo]

I'd be tempted to let a land agent loose on it if you have a good one. They would ascertain whether they could get SWW to pay their fees at first, and that alone might help start a conversation or two.

Could save you a whole load of hassle trying to sort it our yourself.

 

[Rural Idyll]

Great idea Steevo, I will get onto him first thing Monday. Thanks.

 

[cheshire moleman]

Maybe have a trip or fall in the gateway and submit a claim for sprained ankle and time off work. True ownership will surface soon after.

 

[Mc115reed]

Move the gate too other side of the post so that you now have the utilities in your field and charge a fee too get them back ?

 

[milkloss]

Whatever you do, don't use lube.....most of the time the bstards don't deserve it.

 

[Rural Idyll]

Love your practical thinking Mc115reed. That’s something I will look to do tomorrow. And if I hurt myself doing so I may well take moleman’s advice.

 

[Mc115reed]

Love your practical thinking Mc115reed. That’s something I will look to do tomorrow. And if I hurt myself doing so I may well take moleman’s advice.

Or even better if they’ve put the man hole in your gateway... find some piece of kit round the yard that’s f**ked.... drag it down there.... lift the lid off and drop it down the hole and park said f**ked kit over the man hole and ring them up tell them they’d better ring there insurance company [emoji87]

 

[Rural Idyll]

Swapped gate over on the posts. Now two of the man-holes are on the field side of the gate. I will speak to the land agent tomorrow to see what he can do regarding starting a conversation with SWW.

 

[Matt L]

Swapped gate over on the posts. Now two of the man-holes are on the field side of the gate. I will speak to the land agent tomorrow to see what he can do regarding starting a conversation with SWW.

Just be very aware that most utility jobs are on a computerised system now.
It requires the operatives to take and upload pictures at the start and end of the job.
If that is the case it will show you have moved the gate!

 

[Mc115reed]

Just be very aware that most utility jobs are on a computerised system now.
It requires the operatives to take and upload pictures at the start and end of the job.
If that is the case it will show you have moved the gate!

Gate location shouldn’t matter really if it’s his land it’s his land ...

 

[Matt L]

The op states that the utility company are claiming it as highway land.
Changing the gate and using the pictures may backfire, that’s all I am saying.
Agree if it IS his land it’s simple but these things never are.

 

[Steevo]

Just be very aware that most utility jobs are on a computerised system now.
It requires the operatives to take and upload pictures at the start and end of the job.
If that is the case it will show you have moved the gate!

I think what happened here was the fencing contractor replaced a gateway and installed the gate on the wrong side of the posts......the customer realised some time later and asked the contractor to return and correct the mistake. In between this happening, it appears a utility duct was placed across the gateway.

Some mistakes can be a little while before they are picked up!

 

[Rural Idyll]

Appreciate the heads up and taken it on board Matt. Will discus with the agent tomorrow. But find it hard to believe they can claim the strip of land between the gateposts are part of the supposed verge. Mind you I thought they were having a laugh when they claimed the gateway was a verge. Especially as the hedgerow abuts the highway either side.

 

[spitfire]

Appreciate the heads up and taken it on board Matt. Will discus with the agent tomorrow. But find it hard to believe they can claim the strip of land between the gateposts are part of the supposed verge. Mind you I thought they were having a laugh when they claimed the gateway was a verge. Especially as the hedgerow abuts the highway either side.

What ever you don't give them a inch ,any alterations to a water supply should have been agreed or a new easement is needed if its in a gateway make sure .its able to take the weight of traffic

 

[Rural Idyll]

My land agent made a call to SWW yesterday and I have just walked in to find a message from them on my answer phone. A message to state that they would contact me to discuss my case no later than 13th May. No return contact information, so unable to call them back. Still hopefully it is a move in the right direction. Watch this space!

 

[Wombat]

so they have placed them in the middle of a gateway?

 

[Mc115reed]

My land agent made a call to SWW yesterday and I have just walked in to find a message from them on my answer phone. A message to state that they would contact me to discuss my case no later than 13th May. No return contact information, so unable to call them back. Still hopefully it is a move in the right direction. Watch this space!

I’d put a few bales in the gateway for good measure because you can be sure they’ll be back without permission and cut the lock off gates if needs be! ... couple years ago western power cut a fence down, drove round the headland of a hay field, then straight across the middle of it too put 2 new poles up too connect electricity up too a new housing estate and then tied the fence back up with cable ties and never said a word to me or my landlord until I went too mow the hay and seen the headlands all paddles in and the fence cable tied up they’ll try anything too get something done on the cheap ??‍

 

[Steevo]

My land agent made a call to SWW yesterday and I have just walked in to find a message from them on my answer phone. A message to state that they would contact me to discuss my case no later than 13th May. No return contact information, so unable to call them back. Still hopefully it is a move in the right direction. Watch this space!

That's a positive start!

I'm surprised your agent isn't handling the situation fully and wanting fees covered for a relatively simple job rather than allowing communication direct with you.

 

[Rural Idyll]

Wombat, yes unfortunately they have placed them in the middle of the gateway. Mc115reed good idea I will look to see what I have available to put behind the gate. Steevo he was probably having a rare feeling of generosity as I paid last year’s bill a few weeks ago. Having said that it is likely that he cannot be hassled with the job made a quick phone call and will charge me £50 for the pleasure alternatively it could be that SWW put the complaint I made and the one he made together and thought I would be the easiest one to bamboozle. We will have to see.