Right of access and gates. In Scotland
- Thread starter melted welly
- Start date
How did this finish up?
I have just been hit by a similar scenario where a new owner has erected a gate at the farm entrance (he owns the old steading and farmhouse with one field between steading and public road, we have land and buildings behind him and our access crosses his field.
Prior to him taking over there was a cattle grid in place and the remnants of a gate (not been closed in 14 years).
We go in and out minimum two times a day and can be much more on occasion.
Leaving aside the nuisance value of having to open and shut the gate ( there are a dozen ewes in the field) we need to park up on the road before opening the gate and need to swing on to the far side of the road if there is a trailer involved at all - the bell-mouth was built for horses and carts!
I have just been hit by a similar scenario where a new owner has erected a gate at the farm entrance (he owns the old steading and farmhouse with one field between steading and public road, we have land and buildings behind him and our access crosses his field.
Prior to him taking over there was a cattle grid in place and the remnants of a gate (not been closed in 14 years).
We go in and out minimum two times a day and can be much more on occasion.
Leaving aside the nuisance value of having to open and shut the gate ( there are a dozen ewes in the field) we need to park up on the road before opening the gate and need to swing on to the far side of the road if there is a trailer involved at all - the bell-mouth was built for horses and carts!
betweenthelines
Member
- Location
- southwest
Just seen this thread. I'm in Devon (near England) and there's a right of way across my field into someone else's field -gates on both ends (as it's across the field) with a 6ft width stipulated in my deeds.
This was originally the only access to the field as all the land surrounding it belonged to someone else. When we moved here about twelve years ago the field hadn't been touched for years due to the restricted access. Shortly afterwards it was sold to a neighbour who owns adjoining fields, so the Right of Way is no longer needed
This was originally the only access to the field as all the land surrounding it belonged to someone else. When we moved here about twelve years ago the field hadn't been touched for years due to the restricted access. Shortly afterwards it was sold to a neighbour who owns adjoining fields, so the Right of Way is no longer needed
- Location
- Scottish Highlands
If there's a right of way for a vehicle, I would have thought that that assumes the sort of vehicle that would normally use that road. At my last address, I had access to my house over a Forestry Commission track. They were obliged to keep it in a suitable condition for use by an ordinary automobile that might need to access a domestic dwelling, so not just farm or forestry vehicles.
I put this to the test when they felled trees and churned the road up and failed to re-grade it afterwards. They were made to get machines in and put it to a standard that could reasonably used by a private car without damage, not a tarmacked road but a reasonably well graded dirt road as had existed when I bought the property.
If the way gives access to farmland, surely it should be fit for use by farm vehicles such as might legally be taken on the public highway. That, in my opinion (which is worth nothing) would include combine harvesters. The user would be obliged to make good any damage he caused back to the original standard.
I put this to the test when they felled trees and churned the road up and failed to re-grade it afterwards. They were made to get machines in and put it to a standard that could reasonably used by a private car without damage, not a tarmacked road but a reasonably well graded dirt road as had existed when I bought the property.
If the way gives access to farmland, surely it should be fit for use by farm vehicles such as might legally be taken on the public highway. That, in my opinion (which is worth nothing) would include combine harvesters. The user would be obliged to make good any damage he caused back to the original standard.
- Location
- DD9.
Built a new access to the fields, circumvented his property completely.
Father was all for digging the heels in but it ain’t him who deals with the shite, it wouldn’t be him who’ll be dealing with this lad and the next owner when this one moves on or dies.
Gave in? Could look at it that way, but life’s too short, there was an obvious solution and a bit of short term pain, but masters of our own destiny now.
Don’t think that’s any help though, sorry.
- Location
- Carmarthenshire, West Wales
my solicitor told me, a court would not consider gates or having to close them after use was unreasonable. I would hurry up and do a statutory declaration to show you had unrestricted access for over 20 years for agricultural, social and pleasure purposes with machinery over 12' width, and sworn in front of a commissioner for oaths and get it registered on the land registry.
- Location
- Scottish Highlands
Again, I have experienced similar which, in the end, didn't happen as I don't think the landowner wanted to spend the money! But how does the owner ensure the person using the gate always closes it is my question?
Lazy Sod
Member
- Location
- Warminster Wiltshire
Did you ask him to buy out your right of way?
- Location
- Carmarthenshire, West Wales
when we bought the farm, there was a right of way through the farm yard, past the front of the house, we did not exchange contracts on the farm without buying the right of way at the same time (it was never used, but could have been).
I know someone else who bought a smallholding and found out there was a right of way through her yard, which was used by silage contractors (with appropriately sized kit), I think in the end she gave a small paddock for the neighbour to create his own access. All very unsatisfactory, but you have to ask what the solicitor was doing when she bought the place!
A servitude is granted on the basis that the beneficiary will exercise it responsibly - or so I am told
- Location
- DD9.
No, It’s a right of access, the deeds are a mess, reference hand drawn maps that aren’t accurate and very vague. My opinion was that the cost of building an alternative access would be dwarfed by any legal costs fighting.
If neighbour want to build barriers (both physical and metaphoric) then that’s fine. I’ve a high tolerance before a grudge is formed, but once it is, it doesn’t go away.
- Location
- Scottish Highlands
I can think of a few crofts in the Hebrides where the county road goes through the yard. House on one side, buildings on the other! Fortunately, there isn't a lot of traffic!
Been a cattle grid there for 30 years - removed as a condition of purchase I believe
- Tags
- dual wheels paddock silage