Legal advice required please

puppet

Member
Livestock Farmer
Location
sw scotland
I agree that you should not need to secure your fields in case someone turns it into a demolition area. Criminals, yes, but not a neighbour. As I said you would just park something to block their exit which is a civil, not a criminal action.
Could they store stuff in your shed without permission? No.
If you accept their proposal get legals involved then otherwise don't mention it again unless they approach you when you need to have 2 answers ready.
1. No thanks
2. Make me an offer
 

dannewhouse

Member
Location
huddersfield
Why do you not want them coming across?
Just because you dislike them? (This is a perfectly good reason)

It may be worth saying that they can come across but you require an aluminium roadway putting in to reduce compaction and this must be signed off before use, plus fencing around this area. your land agent bill must be covered by them and loss of crop, minimum 1 acre 2ton+ per acre at osr price, no reduction for cost of harvest etc.
Must be done between X date and y date or daily compensation after.
This should put them off, if not make sure you are quids in?
Easier to "let them" knowing your winning overall.
 
The main issue is the type of people they are, they're not well liked locally and have the arrogance to think they can do what they like

Send a recorded delivery letter stating that you will not give permission for access, and get the same text published in the local parish magazine. That should settle any ideas down a bit.

If you cant put muck or bales in the gateway, can you put a temporary trench your side of the gate to make lifting the gates off pointless?

Where there's a will there's a way, so there must be an alternative to crossing your land e.g. crane or reduce the shed into smaller bits that 6 Lithuanians can carry.
 

Wobblebox

Member
Arable Farmer
Why do you not want them coming across?
Just because you dislike them? (This is a perfectly good reason)

It may be worth saying that they can come across but you require an aluminium roadway putting in to reduce compaction and this must be signed off before use, plus fencing around this area. your land agent bill must be covered by them and loss of crop, minimum 1 acre 2ton+ per acre at osr price, no reduction for cost of harvest etc.
Must be done between X date and y date or daily compensation after.
This should put them off, if not make sure you are quids in?
Easier to "let them" knowing your winning overall.
You're correct, we dont particularly like like, but its the way they asked, as though they expected us to let them without a hint of compensation.
As said earlier, this shed has been there since they purchased property 15 years ago, we heard they were planning to take shed down about 2-3 years ago (because it blocks the view of a newly converted building with they live in which was finished about 18 mths ago)
They've only asked us 2 months ago whether they can cross our field.
Also, a quite large, timber stable block has been erected in the yard right next to the shed they want removing, this has only been erected in last 3 weeks.
 

Ffermer Bach

Member
Livestock Farmer
I think a simple recorded delivery letter saying 'No it won't be convenient due to cropping requirements'
Then if they try to access your land anyway call the police and tell them you have trespassers causing damage. With a bit of luck they will then be charged with criminal damage.
As you are not allowing access there's no point in engaging an agent as you will be left to pay the bill.
and make sure to park something across the gateway too
 

Still Farming

Member
Mixed Farmer
Location
South Wales UK
Big chains with locks around gates and posts will prevent easy removal or of lifting gates, as others have said, camera/video covering the area. Removal of the barriers/obstacles, would then be criminal damage.

Sounds as if the other party wants the building gone for more development purposes...? So make them pay!
Even if suitcases padlocks ,still criminal if break in thereafter?
 

Still Farming

Member
Mixed Farmer
Location
South Wales UK
You're correct, we dont particularly like like, but its the way they asked, as though they expected us to let them without a hint of compensation.
As said earlier, this shed has been there since they purchased property 15 years ago, we heard they were planning to take shed down about 2-3 years ago (because it blocks the view of a newly converted building with they live in which was finished about 18 mths ago)
They've only asked us 2 months ago whether they can cross our field.
Also, a quite large, timber stable block has been erected in the yard right next to the shed they want removing, this has only been erected in last 3 weeks.
Be up for sale soon possibly for millions???
 

D14

Member
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 would preempt this a bit and block the gateway with some large items once you have planted the osr. Then take pictures and do a video of the site on that day you seal it up. Then if anything happens you have something to refer back to, but you must address the request in writing stating why it can be used. Keep it simple and just say due to cropping as its your income etc.
Then I would collate all that and send it to your solicitor to sit on.
 

Netherfield

Member
Location
West Yorkshire
I would preempt this a bit and block the gateway with some large items once you have planted the osr. Then take pictures and do a video of the site on that day you seal it up. Then if anything happens you have something to refer back to, but you must address the request in writing stating why it can be used. Keep it simple and just say due to cropping as its your income etc.
Then I would collate all that and send it to your solicitor to sit on.
Block it up by all means, no need to give a reason at all.
 

D14

Member
Block it up by all means, no need to give a reason at all.

He's been asked several times if the field can be used. If he doesn't answer then it could be deemed he has no problem with them using it so they will use it. At that point in time he has not made his position clear so will be in a weaker legal position simply because he never said 'no'.
It must be documented in the correct way.
 

Netherfield

Member
Location
West Yorkshire
He's been asked several times if the field can be used. If he doesn't answer then it could be deemed he has no problem with them using it so they will use it. At that point in time he has not made his position clear so will be in a weaker legal position simply because he never said 'no'.
It must be documented in the correct way.
He can state no quite easily, he still does not need to give a reason.
 
Location
southwest
Why do you not want them coming across?
Just because you dislike them? (This is a perfectly good reason)

It may be worth saying that they can come across but you require an aluminium roadway putting in to reduce compaction and this must be signed off before use, plus fencing around this area. your land agent bill must be covered by them and loss of crop, minimum 1 acre 2ton+ per acre at osr price, no reduction for cost of harvest etc.
Must be done between X date and y date or daily compensation after.
This should put them off, if not make sure you are quids in?
Easier to "let them" knowing your winning overall.


This is exactly what anyone else (i.e. non farmers) would insist on.

Try asking Tesco or a factory owner if you can cross their property to take down a building-and store it there until it's collected.

Farmers do get treated as mugs a lot of the time, but that's usually because they try to bend over backwards to help people.

It's about time more farmers said No more often!
 
He's been asked several times if the field can be used. If he doesn't answer then it could be deemed he has no problem with them using it so they will use it. At that point in time he has not made his position clear so will be in a weaker legal position simply because he never said 'no'.
It must be documented in the correct way.
And keep copies of any letters you send.
 

HatsOff

Member
Mixed Farmer
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.




I agree but equally it wouldn't take much fibbing to describe it as 'renewal' or even just 'maintenance'.

Even if I don't like someone, I'll take costs plus extra over making a point.
 
If it is likely that this neighbour is going to be your neighbour for the foreseeable future, then perhaps in the interest of survival, hold you nose and give him permission to "transfer only" during the brief time period between harvest and planting. Make it very clear that anything left on your ground at nightfall will become your property to do with as you see fit. Put it all in writing and have his signature witnessed, so there is no argument.
 
Location
southwest
If it is likely that this neighbour is going to be your neighbour for the foreseeable future, then perhaps in the interest of survival, hold you nose and give him permission to "transfer only" during the brief time period between harvest and planting. Make it very clear that anything left on your ground at nightfall will become your property to do with as you see fit. Put it all in writing and have his signature witnessed, so there is no argument.

That's just giving in to a form of blackmail isn't it?

I'll let neighbour do whatever he wants because he is/will be obnoxious if he doesn't get his way.
 

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