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?
 

Overby

Member
Mixed Farmer
Location
South West
Who owns the field acroos the river? Does it now belong to your neighbour or is he renting it / has use of it? I presume you used to rent it?
 

Andy26

Moderator
Arable Farmer
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.
 

Molly dog

Member
Media
Can anyone shed any light on this?
I own an orchard with a small river running past it.
There is a ford across the river..to the field the other side which has just changed ownership. The new owner lives on my side of the river and without consulting me has started using the ford for crossing.
When I bought the house my deeds showed that I owned the track running down to the ford..should the new owner have asked my permission or is he within his rights to start using it
The ford hasn't been used by vehicles since we last farmed the field probably in the mid nineties...bar the odd crossing by a horse now and then.
I don't mind him using it...just would have been courteous to talk to me.
It's all happend while I'm out of the country aswell.
Im sure he has done his homework and I'm guessing that by him acquiring the land it has given him the right to cross the river..as he owns half of it now.
TIA
I can help with this Nick.
As follows .A/ You were aware of the purchase before you went away. This had been an on going discussion that we had spoken about at least 3 time before your holiday. It was just unfortunate that you was not around when completion took place. As you were on holiday for 6/8 weeks , work needed to be done whist the weather was good. I feel l have been totally courteous and would not be any other way . B/ The Ford has been used by your father when you rented the land, and this alone would have allowed for a prescriptive right even it there was not one. C/ You currently park on the council land that goes down to the Ford, it is not owned by you and is not in your deeds. Please speak to your solicitor for clarification . D/ The ford is for the use of the field's across the river and has no public access on to the land .
E/ As you will know the right of way across the bridge also crosses your land , again there is no public right of way apart from for me to access the land when required. F/ I retain my right to pass over the ford as and when required and this will not change.
Should you wish to discuss this further l would be happy to talk it through with you. Perhaps you could give me a copy of your deeds to show that you do in fact own the land and not the council . Its far better to discuss openly if there is a problem. But as you said l did my home work before l purchased the land.

And apert from all this you have been told l do not intend to use it anyway ,but retain the right


Rgds


Ernie
 

onthehoof

Member
Location
Cambs
I can help with this Nick.
As follows .A/ You were aware of the purchase before you went away. This had been an on going discussion that we had spoken about at least 3 time before your holiday. It was just unfortunate that you was not around when completion took place. As you were on holiday for 6/8 weeks , work needed to be done whist the weather was good. I feel l have been totally courteous and would not be any other way . B/ The Ford has been used by your father when you rented the land, and this alone would have allowed for a prescriptive right even it there was not one. C/ You currently park on the council land that goes down to the Ford, it is not owned by you and is not in your deeds. Please speak to your solicitor for clarification . D/ The ford is for the use of the field's across the river and has no public access on to the land .
E/ As you will know the right of way across the bridge also crosses your land , again there is no public right of way apart from for me to access the land when required. F/ I retain my right to pass over the ford as and when required and this will not change.
Should you wish to discuss this further l would be happy to talk it through with you. Perhaps you could give me a copy of your deeds to show that you do in fact own the land and not the council . Its far better to discuss openly if there is a problem. But as you said l did my home work before l purchased the land.

And apert from all this you have been told l do not intend to use it anyway ,but retain the right


Rgds


Ernie
Sort it out between you otherwise solicitors will be the only winners, just do a search on Land Registry, for a few quid it should tell you who owns the track
 

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