Someone trying to establish a bridle way through the farm yard

Had a letter this morning from someone wanting to establish a bridle way through the farm yard. Have heard advice not to reply to it somewhere but can’t remember where. No bridle way exists or has existed there in the past. Will ring agent and solicitor next week. Any advice or experience with this?
 

Gadget

Member
Arable Farmer
Location
Sutton Coldfield
Contact the local council for a definitive map showing all the public rights of way. If there is not a bridle way through your yard that is a good start.
Has anyone been using the yard for a footpath or bridle way? I think that they will have to prove that they have used it for 12 years or more to claim a new right of way.
 
Contact the local council for a definitive map showing all the public rights of way. If there is not a bridle way through your yard that is a good start.
Has anyone been using the yard for a footpath or bridle way? I think that they will have to prove that they have used it for 12 years or more to claim a new right of way.
Yes we will. The letter states the footpath is marked the bridle way is not so I suspect it’s a try on. I was warned about this not for this farm in particular but generally. There is a gate at one end and a stile at the other. Stile has been there 20+ years gates been on forever as far back as I can remember. One locked for 20+ years. Never been used by horses.
 

Kidds

Member
Horticulture
Very often the advice is to use a solicitor and/or agent. I think they are held in too high a regard, in my experience a great many don’t know what they are talking about, waffle unnecessarily and don’t put a great deal of effort into what you feel to be very important. I have come to the conclusion that “professional people” are not particularly professional at all.
I’m not saying don’t use them but you do need to do a great deal of your own homework to be sure they are doing what you want.
 

Gadget

Member
Arable Farmer
Location
Sutton Coldfield
We had someone claim that a track had existed and that they had driven over it since 1958! I had to prove not, although this chap had form and the council knew he was trying it on.
In your case plenty of letters from locals, stateing that the gate had been locked and that the other end has been a stile for 20+ years, should be a good start. In our case a track would obviously be easy to see on an aerial photograph so I bought some good ones showing several different years, from the 60's to the late 80's. I also got well respected locals to write on my behalf.
We won but it cost money (photographs mainly) and a lot of time.
I did speak to proffesionals but did it myself.
 
Our solicitor and agents are very good. It’s not the first time we/they have come across this and won’t be the last. Also have legal indemnity insurance which I don’t want to claim on but will if necessary.
 
Try your local county councils website. They may have maps online with the definitive footpaths etc marked. It will also give the footpath reference number which is useful if you need to contact the council wayleaves officer.
 

Kidds

Member
Horticulture
If you know who is making this claim, get your solicitor to send them a letter acknowledging their claim and state you are happy for them to pursue it. Also state you are confident you have the necessary proof to win the argument and your barrister will be suing them for costs.
It doesn’t matter whether that would hold water but it will make them think again and you get some value out of your professional people. :)
 

Netherfield

Member
Location
West Yorkshire
 

Northdowns Martin

Member
Arable Farmer
Location
Snodland kent
Who is putting claim to you? If it is a private individual or local group then it is a good idea to invite the area public rights of way officer to give you their opinion. If letter is from local council it may be a struggle unless you have a long history (20+) of challenges to riders and maintained barriers, styles gates etc. Most importantly and a message to all land owners and occupiers, make shall you have signage displacing no right of way! We had a claim for footpath and although we had challenged and it was gated it was passed as there were no signs saying it wasn’t a right of way and claimants who were clearly lying managed to sway the inspector decision.
 
Who is putting claim to you? If it is a private individual or local group then it is a good idea to invite the area public rights of way officer to give you their opinion. If letter is from local council it may be a struggle unless you have a long history (20+) of challenges to riders and maintained barriers, styles gates etc. Most importantly and a message to all land owners and occupiers, make shall you have signage displacing no right of way! We had a claim for footpath and although we had challenged and it was gated it was passed as there were no signs saying it wasn’t a right of way and claimants who were clearly lying managed to sway the inspector decision.
It is an individual on behalf of a group if that makes sense
 

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