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<blockquote data-quote="Kat13" data-source="post: 9130599" data-attributes="member: 178449"><p>Posted in this space last year but sadly the nightmare continues so wondering if anyone can help? We bought a property in May 2022 the farmer next door can access the whole of his farm from his own land but has a short prescriptive agricultural easement over our small outdoor space. Our vendor didn't disclose that the farmer and his wife are truly the neighbours from hell (NFH) ! Wont bore you with the details but last year our NFH put in a planning application to build stables across the road saying that they had grazed their recreational horses in the field for 10+ years. They got permission but as yet they haven't built the stables however their <strong><em>recreational </em></strong>horses are being grazed over in the field. We are being forced (with a gun to our heads) to give them a registered agricultural easement so we have asked that the field across the road which has just got permission for <em>a change of use</em> to <em>equestrian </em>(having been used for their recreational horses for 10+ years) be removed from the Plan relating to the prescriptive <em><strong>agricultural </strong></em>easement as it is no longer deemed <em>agricultural. </em>However, they are arguing that as they cut grass in the field , cutting grass is still an <strong><em>agricultural </em></strong>activity even though the field is now deemed <em>equestrian</em>. Are they correct? Surely they can't have got a change of use to <em><strong>equestrian</strong></em> and then argue that cutting the grass in the field is still agricultural can they? If they changed all 3 fields on the farm to <em><strong>equestrian </strong></em>but cut the grass could they honestly argue that they were still using the access for agricultural purposes? Thanks</p></blockquote><p></p>
[QUOTE="Kat13, post: 9130599, member: 178449"] Posted in this space last year but sadly the nightmare continues so wondering if anyone can help? We bought a property in May 2022 the farmer next door can access the whole of his farm from his own land but has a short prescriptive agricultural easement over our small outdoor space. Our vendor didn't disclose that the farmer and his wife are truly the neighbours from hell (NFH) ! Wont bore you with the details but last year our NFH put in a planning application to build stables across the road saying that they had grazed their recreational horses in the field for 10+ years. They got permission but as yet they haven't built the stables however their [B][I]recreational [/I][/B]horses are being grazed over in the field. We are being forced (with a gun to our heads) to give them a registered agricultural easement so we have asked that the field across the road which has just got permission for [I]a change of use[/I] to [I]equestrian [/I](having been used for their recreational horses for 10+ years) be removed from the Plan relating to the prescriptive [I][B]agricultural [/B][/I]easement as it is no longer deemed [I]agricultural. [/I]However, they are arguing that as they cut grass in the field , cutting grass is still an [B][I]agricultural [/I][/B]activity even though the field is now deemed [I]equestrian[/I]. Are they correct? Surely they can't have got a change of use to [I][B]equestrian[/B][/I] and then argue that cutting the grass in the field is still agricultural can they? If they changed all 3 fields on the farm to [I][B]equestrian [/B][/I]but cut the grass could they honestly argue that they were still using the access for agricultural purposes? Thanks [/QUOTE]
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