Legal advice required please

[Wobblebox]

A neighbour of ours is selling a steel framed building and has asked us whether they can use our field as access for removal (and, we suspect to use it as a compound to store items near roadside to load lorries)
The field is currently barley waiting to be cut, then OSR to be planted close behind.
We do not want them to use our field for the above (and several other reasons which i dont want to disclose on a public forum).
They have been in contact several times, basically begging, but not offered any compensation (the answer would still be no even if they did).
We are thinking of getting our solicitor to write them a letter, but we feel they may ignore it and lift the gates and use the field anyway.
If they do, what legal tools do we have?

 

[George from SJM Planning]

A neighbour of ours is selling a steel framed building and has asked us whether they can use our field as access for removal (and, we suspect to use it as a compound to store items near roadside to load lorries)
The field is currently barley waiting to be cut, then OSR to be planted close behind.
We do not want them to use our field for the above (and several other reasons which i dont want to disclose on a public forum).
They have been in contact several times, basically begging, but not offered any compensation (the answer would still be no even if they did).
We are thinking of getting our solicitor to write them a letter, but we feel they may ignore it and lift the gates and use the field anyway.
If they do, what legal tools do we have?

I am no legal expert but if I was in your position I'd be getting a solicitor to write letter saying that they have no right to use your land and you are not minded to give the rights the land. If they are found to be using the land that this is formal notice that you will pursue criminal proceedings for trespass and civil proceedings for costs. I would also suggest putting in there that you are giving them notification that you will be by taking photographic and video evidence of any infection onto the land and as to to ensure that you don't turn up with a invasion of privacy case against yourself.

 

[7610 super q]

Beef up gate security would be my first thought. How did they access the site to build the shed in the first place ?

 

[Highland Mule]

@Clive had similar last year. Not sure if we ever got an indication of how things finished up, but this is the thread.

Country V Urban

I don't know how you guys on the urban fringes or even with non farming neighbours put up with the constant battle. Fair play to @Clive for having to deal with this!

thefarmingforum.co.uk

 

[Wobblebox]

The building was already there when they purchased the property 15 years ago, it was formally a dairy farm but now buildings converted to dwellings

 

[Still Farming]

Things to weight up and how you got or get on with them possibly?
If adjoining converted to dwellings then other involved possibly?
You got to live around there?
If no is no that's it and say so.
Any damage or trespass then criminal and civil case.
As stated beef gateways and security/camera etc all up ,take photo's and sit it out possibly?

 

[som farmer]

our l/lord refused permission for a 'faster broadband cable' to come through the farm, peed of several that wanted it, it's going in, because they are a utility company, and they have the 'right' to do so'
If you reckon they will use your land regardless, is it worth the hassle of stopping them ? Sometimes better to bite your tongue, rather than fire up, over something you cannot stop. You have to live there afterwards.
But it's very annoying, and suing them for damages, can be a nightmare, in it's self, and with no guarantee of you getting any money. Perhaps a better way, is, pay me £500 in notes, and you can, and pay for any damages.

 

[spin cycle]

surely you just ring them up and say you don't want to

 

[Netherfield]

Or as Father Jack would tell them, Feck off.

And if you really want legal advice ask a solicitor.

 

[Still Farming]

Any other way round or do you have 360 around shed?
Why didn't they think about moving shed before they turned or sold off for homes?
They had the money you take the sh-t as usual is it???

 

[HatsOff]

Ultimately they may be able to apply to a Court for access under the Access to Neighbouring Land Act 1992.

I would set out your terms and conditions, calculate the costs based on damage, double it and add your time. Then a bit extra if you don't like them.

 

[betweenthelines]

Why pay a Solicitor £100 just to send them a letter?

Send one yourself on Recorded Delivery

If they you bugger about after being told NO just impound everything of their's that's on your land.

Be sure to record any face to face conversations, as I am sure you will feel threatened, in which case it becomes a Police matter

 

[Deereone]

Can the job could not be done with a crane from their property?

 

[Dry Rot]

Ultimately they may be able to apply to a Court for access under the Access to Neighbouring Land Act 1992.

I would set out your terms and conditions, calculate the costs based on damage, double it and add your time. Then a bit extra if you don't like them.

^^^^ He's right, you know! Get yourself a land agent to make a survey of your land and your estimated losses and full costs of reinstatement, including professional fees, your time, telephone calls, time in meetings, etc., etc. Why a professional? Because a lay person making the assessment is probably going to miss items and charge too little. Better to have your ammunition prepared before you need to go to war. Also, a good idea to be able to show the court that you've "tried to be reasonable" (even if you haven't!). If they want to lease land for a compound, that of course is extra.

Alternatively, you could offer him a nominal sum for the building on condition you get free access to remove it! (Which is probably what I'd do). Depending on the market for the building, that could work out to your advantage!

 

[David.]

On what basis can your neighbours legally do anything if you refuse, if there is no existing right of access across your land on the deeds? Cut your barley and get a big muck heap tipped in the way

 

[Still Farming]

On what basis can your neighbours legally do anything if you refuse, if there is no existing right of access across your land on the deeds? Cut your barley and get a big muck heap tipped in the way

Yes sod em?
People think they can do what they want?

 

[milkloss]

Tell them they can stack the building undamaged on your land but it will become yours should this happen. If it's damaged in the process then charge for removal to scrap.

 

[Wobblebox]

On what basis can your neighbours legally do anything if you refuse, if there is no existing right of access across your land on the deeds? Cut your barley and get a big muck heap tipped in the way

There is a covanant that stops me tipping muck or stacking bales against the boundary in front of their property

 

[Goweresque]

Ultimately they may be able to apply to a Court for access under the Access to Neighbouring Land Act 1992.

I would set out your terms and conditions, calculate the costs based on damage, double it and add your time. Then a bit extra if you don't like them.

I doubt that would apply. The 1992 act is to allow access for 'Basic Preservation' works to property that cannot be done from any other location, not just to allow people to make their lives easier. The qualifying reasons for access are:


What are Basic Preservation Works?

Briefly,

(1) Maintenance repair or renewal of a building;

(2) Clearance, repair or renewal of a conduit;

(3) Felling, removal or replacement of a tree or plant which is in danger of becoming dangerous or diseased, insecurely rooted or dead;

(4) Filling in or clearance of a ditch;

(5) Such other works as the court may consider reasonably necessary for the preservation of any land.

Statutory rights of access to neighbouring land

Statutory rights of access to neighbouring land

www.cms-lawnow.com

 

[Still Farming]

There is a covanant that stops me tipping muck or stacking bales against the boundary in front of their property

Looks like more to this than we all know???