Sporting rights issue

[iitc123]

We purchased the farm a couple of years ago, land and some woodland within our boundary. the shooting/ sporting rights were retained, and are being leased out to a commercial shoot.
We have no issue what so ever with shooting on any of the land. How ever, the were using some woodland owned by us as a bird release pens for thousands of birds! its about a 1/4acre probably. They made a bit of a mess when it got wet. Anyway, last week we told them that they were no birds to be kept in pens on land owns by us. Today- nasty letter by some ‘agent’ saying we cant obstruct access! Were do we stand? Pens have been there for years- but we now technically own the woodland therefor the pens?

 

[yellow belly]

Do you own the sporting rights to the wood

 

[Jason g]

I'd set up some shooting on your land in season shooting there game birds they might think about being more civilised about the situation your perfectly within your right to shoot on your own property

 

[ImLost]

You say you have leased the sporting rights. Does the law state that sporting rights include the right to rear game of whatever species it may be on the land, or just shoot it? Obviously if you have told them they can it's a different matter.
I don't know what the terms of your agreement are, but if they are that difficult then there always seems to be someone wanting shooting land.

 

[DRC]

I’d be surprised if the sporting rights also include the right to rear them on your land. Usually just include taking wild game.

 

[curlietailz]

Get a decent Land Agent on it sharpish

 

[Dry Rot]

Get a decent Land Agent on it sharpish

This ^^^^

The devil will be in the detail of any agreement, but agree, if they are difficult at this stage, expect more of the same in the future.

 

[ISCO]

You need to see the wording of the reservation of the rights in your deeds.

 

[Purli R]

We had almost exactly the same issue, except shooting Grouse. Gamekeepers driving round all day making ruts etc etc, then flairing up when they're told to go easy.
Read your deeds with a good solicitor. Not a Land agent as they all pee in the same pot. The deeds should spell out exactly what they are allowed to do on YOUR land.
This may or may not specifically mention access.
Remember, it is YOUR land, and take no sh!t from them.
Depending on what is written in the deeds, you may well be perfectly entitled to take the release pens down and tell the commercial shoot to f off.
It may be that a quiet word with the owner of the shooting rights might suffice. Something along the lines of "Your tenants have damaged my property, and I am holding you responsible to put it right at YOUR cost."
Unless the deeds state that they are allowed unrestricted access at all times you've a good case to tell them what to do. If the deeds don't say much or are pretty indefinate, get your solicitor, that is solicitor (not land agent) to write to them and tell them how to behave, and for them to explain and prove what exactly gives them the right to damage your property. And send them a bill for repairs. Stand your corner and take no crap from them. They're all arrogant tozzers that need putting in their place.
Let us know how you get on.

 

[Landrover]

"what do you tell a gamekeeper with 2 black eyes..... Nothing because you've had to tell the t**t twice already !" And that sums up my experience of the majority of gamekeepers !

 

[Dry Rot]

Your choice but a land agent from a good sized firm will have access to far more resources to draw on (including experience of both sides) than most family solicitors. I'd suggest previous advice on this aspect was a bit biased! There are good and bad in all professions but to my knowledge sporting rights are not part of the syllabus for a law degree.

 

[7610 super q]

I've received a few snotty letters from land agents, one verging on blackmail. It's almost as though they've no idea how to be civilised. Anyhoo, get your own agent to send snotty letters back. Costly, but the only way.

 

[Brisel]

We purchased the farm a couple of years ago, land and some woodland within our boundary. the shooting/ sporting rights were retained, and are being leased out to a commercial shoot.
We have no issue what so ever with shooting on any of the land. How ever, the were using some woodland owned by us as a bird release pens for thousands of birds! its about a 1/4acre probably. They made a bit of a mess when it got wet. Anyway, last week we told them that they were no birds to be kept in pens on land owns by us. Today- nasty letter by some ‘agent’ saying we cant obstruct access! Were do we stand? Pens have been there for years- but we now technically own the woodland therefor the pens?

Are you a member of BASC, NFU or the Countryside Alliance? BASC are much better about this kind of thing. NFU next best. If they've retained the sporting rights then there will be some kind of access in the agreement and you cannot deny them that. You should have seen this when you were doing your due diligence when buying the farm & you'll have something on file. You need specialist advice on this. I've no idea if sporting rights includes the right to have a release pen but this will be in the agreement.

I'm in a shoot syndicate & have paid for the sporting rights over a tenanted farm. The tenant is mostly ok but has had to be reminded that we have vehicular access to the woods that aren't in his tenancy yet house our pens. The trouble is, there is no specified access route, just a right. It's no big deal but requires work & good communication to keep things going smoothly.