Right of access issue Scotland

melted welly

Member
Arable Farmer
Location
DD9.
Wondering if anyone can give some advice on above topic.

We bought part of a farm 30yrs ago, we bought land on one side of the farm road plus buildings, neighbour bought land on other side. Cottages and old buildings had been converted to houses and sold off. Previous farmer kept farmhouse, bit of woodland and large garden.

Farm track from sheds to fields below farmhouse passed close to the house, so prior to sale, farmer had created a 4m wide track through garden and away from house. We had an amicable relationship.

He sold the house years ago and it was bought by a couple who are difficult to say the least.

Things are coming to a head with the chap who claims farm vehicles are travelling too fast (they do 15mph max) on the track, making dust and scaring his dogs, so he is going to put up 2 gates. Which will have to be left closed, and he may lock.

On the deeds, we have a marked right of access to use the track. Our neighbour doesn't and has been told he cannot use the track. His right of access is marked as following the route of the original road, which is now under a fence and manicured lawn.

We have 150ac of ground that can only be accessed from the track, and opening and closing 2 gates will have a significant impact, especially if he decides to lock them.

In a perfect world, I'd put in a new track on our land and tell the pr*ck where to go, but at 0.75km, it's not a small job and wouldn't help the neighbour.

Where do we stand if he does gate the track? surely if we're up and down every 10mins with loads of potatoes it isn't reasonable to expect the guys to shut gates, there's no livestock involved.

The problem stems from the previous owners slap dash approach to things and I can sort of see where the guy is coming from, but we run a business, were farming there before he arrived and will be there after he leaves. The track doesn't run near his house, it is on the edge of his garden and we stick to it, it does however run thru his property.

The whole subject grates a bit with me as the couple walk their dogs all over our and neighbours fields (regardless of growth stages and including veg), tracks and don't pick up the sizeable dog eggs deposited by a Great Dane and German shepherd. I don't get too upset in the interest of neighbourly relations, but it's a one way street.

Any advice gratefully received.
 

Dry Rot

Member
Livestock Farmer
The trouble is if you are nice and accommodating with people like this, they take it as a sign of weakness.

I'd say nothing and let my solicitor sort it out. It will probably be cheapest in the long run. When he writes, get him to state that you will take action if his dogs spread neosporosis on your land which causes your cattle to abort. Your solicitor will know how to word it if he is anything like mine -- polite but firm.
 

melted welly

Member
Arable Farmer
Location
DD9.
Going through the boundaries with solicitor at the moment for the land ownership register. And I assume the chap is doing the same, he has annexed a small corner of one of the neighbours fields (approx 20mx50m) as its in his deeds
.
Problems are stemming from the previous owners attitude to paperwork and us not being very thorough at the time either. He thought of himself as a bit of a developer. On our deeds there's boundary lines drawn, scored out, redrawn in pencil and "to do" notes written beside that were never carried out. Bit of a mess.
 

Dry Rot

Member
Livestock Farmer
Going through the boundaries with solicitor at the moment for the land ownership register. And I assume the chap is doing the same, he has annexed a small corner of one of the neighbours fields (approx 20mx50m) as its in his deeds
.
Problems are stemming from the previous owners attitude to paperwork and us not being very thorough at the time either. He thought of himself as a bit of a developer. On our deeds there's boundary lines drawn, scored out, redrawn in pencil and "to do" notes written beside that were never carried out. Bit of a mess.

Shouldn't your solicitor have sorted this at time of purchase? Will there not be a copy of the deeds on the Land Registry?

I had a problem here over a few acres of land that the seller said I'd bought but were not in the deeds. My solicitor said, "Tough!". Being the awkward 'person' I am, I asked the The Law Society for advice. "That's for your solicitor to sort out and why he should have professional indemnmity insurance if he didn't". My solicitor took out legal insurance in case ownership of that land was ever disputed. So far, so good.

Edited to say, I'd not be expecting to pay a solicitor for sorting his own mistakes!
 

melted welly

Member
Arable Farmer
Location
DD9.
Shouldn't your solicitor have sorted this at time of purchase? Will there not be a copy of the deeds on the Land Registry?

I had a problem here over a few acres of land that the seller said I'd bought but were not in the deeds. My solicitor said, "Tough!". Being the awkward 'person' I am, I asked the The Law Society for advice. "That's for your solicitor to sort out and why he should have professional indemnmity insurance if he didn't". My solicitor took out legal insurance in case ownership of that land was ever disputed. So far, so good.

Edited to say, I'd not be expecting to pay a solicitor for sorting his own mistakes!

Agreed, should've been sorted at the time. Was before my time and think because purchase was from a "friend" who was in financial trouble, things weren't maybe scrutinised as tightly as could've been.
 

Dry Rot

Member
Livestock Farmer
Is the firm of solicitors who did the original conveyancing still in business? I think I'd go after them even if only to see what their reaction is, but no doubt they will deny it and slip off the hook.

One of mine did some work for me using the wrong set of deeds. It was a dispute over ditches. The deeds were strangely silent about ditches which I thought a bit odd! Then I realised why! Wrong area of ground! The solicitor still charged me and refused to refund what I'd paid saying it wa my fault. Unfortunately, I'd paid promptly before discovering the mistake. I won't be doing that again! The Law Society of Scotland is a good sorce of information and letting the solicitor know you've spoken to them won't go unnoticed.
 

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