Question about a ford(river crossing)

egbert

Member
If you previously used the crossing while farming the land opposite, you might be said to have created a 'right' - ironically against your subsequent interest.
Equally, if he doesn't own the track down to the crossing point, and a right to travel isn't identified in deeds.... he will create such a right over time.

Depending on local variables/personalities, I would be inclined to talk to legal professional, or direct to fella using the crossing, before matters become entrenched.
Liability when the EA come calling is a potential issue.
 

einstein

Member
Location
Rutland
If you previously used the crossing while farming the land opposite, you might be said to have created a 'right' - ironically against your subsequent interest.
Equally, if he doesn't own the track down to the crossing point, and a right to travel isn't identified in deeds.... he will create such a right over time.

Depending on local variables/personalities, I would be inclined to talk to legal professional, or direct to fella using the crossing, before matters become entrenched.
Liability when the EA come calling is a potential issue.
Can you explain...about the ea and liability?
 

Andy26

Moderator
Location
Northants
View attachment 997049im standing on the road to take this photo.my deeds show my boundary finishes at the wall to the right. My orchard is to the left of the hedge. It's part of the field across the river that he requires access to.
Looks like you live in an old mill!

It doesn't look like a proper Ford imo, its obviously an historic access to the river, not uncommon to have old sheep dips, where the sheep were walked through the river to clean the fleeces prior to shearing.

Is there a bridge close by downstream? Which could of been barricaded and the sheep brought back onto land?
 
Location
southwest
As far as I understand it I own that bit of land. At least that was highlighted in red..as part of the land I was buying.
I think the question to be answered is does a right of way exist across a ford even if access to the ford is across private land.

Most Rights of Way are across private land, can'r see that part of the RoW being a ford makes any difference.
 

Exfarmer

Member
Location
Bury St Edmunds
You should check your deeds, their may be a right of way such as a footpath or bridle path. It may be a green lane, if that is the case then he will be entitled to use it.
The right may be restricted to a horse and possibly cart if it is just a bridleway , but definitely not motorised vehicle.
A green lane gives full access.
However they may have a right of access and this must be in your deeds and it may specify access times and types of vehicles animals etc.
We had aright of way across some land for next door neighbour which had not been used for possible 70-80 years which gave access to a small island they owned. She did have the decency to warn us they were going to be using it again for family reasons. Knowing her boys were young tearaways with motorbikes we dug out the deeds which showed they were only allowed on horse and cart. They never did use it 😉
 

egbert

Member
Can you explain...about the ea and liability?
When 'someone or other' is found to be dragging an overflowing spreader full of slurry through the watercourse, using a tractor oozing transmission fluid out of one and and sump out the other, and squishing the rutted track in and out into porridge which is flowing straight downstream..................then wouldn't it become an issue the EA might look at.
 

Nearly

Member
Location
North of York
When 'someone or other' is found to be dragging an overflowing spreader full of slurry through the watercourse, using a tractor oozing transmission fluid out of one and and sump out the other, and squishing the rutted track in and out into porridge which is flowing straight downstream..................then wouldn't it become an issue the EA might look at.
That's a different kind of Ford.
 

puppet

Member
Livestock Farmer
Location
sw scotland
It will either be on your title deeds or not. It will be on his -or not. Phone your solicitor when you get back and they will get the details. I have rights of access through 2 neighbours gateways but it isn't on any maps, just our own plans.
Meantime enjoy your holiday.
 

Exfarmer

Member
Location
Bury St Edmunds
It will either be on your title deeds or not. It will be on his -or not. Phone your solicitor when you get back and they will get the details. I have rights of access through 2 neighbours gateways but it isn't on any maps, just our own plans.
Meantime enjoy your holiday.
Scottish law is very different to English in many ways
 

eulb

Member
As posted erect a gate and shut them out.

I had similar,I locked the gate and asked the other party to provide proof,took a good few months and they did provide proof,this also showed I had a full right of way over their land,something we never knew.

For some odd reason all this was missed off a 1971 conveyance,sorted now but soured relations for a while.
 

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