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Issues over a right of access.... not sure where we stand legally

22 replies

Cariadxx · 18/07/2018 00:14

We own a field by our house where we keep our horses. We have to cross our neighbour's field to get into it, we have a legal right of access in the deeds from when his field was sold to to go with property. When we first moved in he had blocked off this access by fencing over it but we made him re open it because we had the right of access.
He HATES us for this and the fact that we have horses which he also hates. We just about tolerate each others existence but he makes life as difficult as possible - turning on chainsaws when I've been riding past in full high viz, putting a sheep shelter in the middle of the access path through our field so the sheep bolt out just as we're leading the horses past etc etc. Thankfully the horses are very good and have adapted well. However last winter he bought piglets and fattened them up etc. He kept them in the separate bit of woodland at the bottom of his field so no issue at all. Recently he's opened up the woodland and field and bought new piglets and now we're having issues but dont know where we stand legally.
The first one is that the pigs run over to you as soon as they see you in the field. The seem to spend all day in the woods but emerge in the cooler evenings. I often see them chatting to the horses through the gate. They are very cute but trying to then get through the gate into our field without them is very difficult. The only way we've managed so far is by having 2 people there and one physically pushes the piglets out of the way. Not had to take horses through with pigs present until tonight.
I was leading my horse and dh had our LO's pony. Halfway across the field we see the pigs running towards us from the trees. They catch up to us as we get to our gate. I managed to get my horse through whilst dh held the piglets back by waving a fly mask at them but there's 4 of them and they were milling around everywhere and went under the pony's legs and she panicked and bolted and gave dh terrible blistering rope burn.
I'm really worried as these pigs will only grow bigger and the nights will draw in so imagine how terrifying that will be to the horses in pitch black. Also my husband's horse is about 500kg and could kill a piglet with one kick if it got under him. To add to the issue if I'd been on my own it could have been really dangerous for me especially if it had been one of the big horses not the tiny pony involved. I'm 3 months pregnant and now I'm terrified I'll get inured trying to access my own field.
In the deeds originally when the neighbour's field was sold off and the right of access to ours retained, it was a clause that the owners of my field would fence off the right of access but this was never done. Doing it would cut off access to the field automatic water feeders (There's a stream in the woods). But I don't know what else to do. Anyone know where we stand legally with this danger/ situation?

OP posts:
Jonbb · 18/07/2018 00:39

Have you tried writing a formal letter to him addressing these issues. I think he is interfering with your legal easement/right of access, because you are entitled to unfettered access which clearly you are not getting. By the by if the pigs are injured, you cannot be held responsible because you are simply exercising your legal right of access. A half hour chat with a solicitor who deals with conveying of farms and farmland would be of huge benefit to you. If you have a bit of a legal mind, the relevant case is probably B and Q plc v Liverpool and Lancashire Properties Ltd, 26 July, 2000 (High Court) which you can find on BAILII. The neighbour could remedy this by electric fencing to keep the pigs away. Have a read, good luck.

Jonbb · 18/07/2018 00:42

I suppose the other thing is if a few pigs 'escape' into your field, your neighbour would have to round them up which could be quite amusing. Halo

AWomanIsAnAdultHumanFemale · 18/07/2018 00:47

I’d start bringing food for the pigs and tossing it in the other direction to keep them occupied while you get through the field. What do pigs like to eat?

Japanesejazz · 18/07/2018 00:56

No one can advise you without sight of the legal documents. You need to see a solicitor. A horse is a dangerous animal as is a pig. Not sure how erecting a fence would cut off a supply from a stream?

Japanesejazz · 18/07/2018 00:58

Pigs eat anything but struggle with disposing of human femurs. I learnt that from guy ritchie

AWomanIsAnAdultHumanFemale · 18/07/2018 00:59

There you go OP, don’t feed them an human femurs and you’re fine! Grin

Japanesejazz · 18/07/2018 01:14

Especially not the neighbours femur. And don’t come back here posting that mumsnet gave you tips and now you’re in trouble with the filth. Also slightly curious as to how you have a stream that still has enough water to be filling troughs. I’m currently selling a kidney to buy hay here in the U.K.

Japanesejazz · 18/07/2018 01:15

My own kidney, not a random one I obtained in the butchers

Jonbb · 18/07/2018 01:16

Op didn't say erecting a fence would cut off the stream but that erecting a fence would cut off (presumably) the pigs access to the automatic water feeders.

Jonbb · 18/07/2018 01:19

Actually would it not be a remedy to simply erect the fence as contained in the clause to which you refer? If it cuts off the pigs access to the water troughs, you will need to let your neighbour know out of courtesy, 14 days notice?

Japanesejazz · 18/07/2018 01:22

Not a farmer are you dear? I’ve got 40 automatic water troughs running from 1 tap. With many, many fences in between said tap, fields and troughs. Half of the fields are higher than the tap is. Do you want to buy a kidney btw?

TheCrowFromBelow · 18/07/2018 01:49

I read it as the auto water feeder will be on OPs side of the fence if it goes up, so the pigs won’t be able to reach it as they will be on the other side of the fence. The Tap position is irrelevant.

OP, write to the neighbour enclosing a copy of the deeds, and ask him to fence off as per the clause. The position of the feeders is his problem. I do think you need to be prepared to go through a good solicitor and the sooner the better.

No-one here can really comment as we have not read your deeds, or those of your neighbour.

Jonbb · 18/07/2018 01:50

I'm sure OP found that very useful information.Confused

Jonbb · 18/07/2018 01:51

Japanesejazz I meant.

Ariela · 18/07/2018 02:31

If not already members, I would join BHS as a Gold member, you get free public liability insurance, free personal accident insurance AND free legal assistance - and all for about £60/year.
They'll be able to advise and/or point you in the direction of specialist legal help

Cariadxx · 18/07/2018 04:15

Thanks all. I will draw a diagram when i get chance but yes the water trough is at the top of the field and the stream is in the woodland at the bottom of the field. There is a fence separating the woodland and field but he has opened it now which is how they're getting in. He is a hobby farmer and works away Monday to Friday. He has a padlock on the entrance gate which he has given us a key for but in the past has threatened to deny us access over a separate dispute. He is not a nice man.

OP posts:
Cariadxx · 18/07/2018 04:16

2 of the horses are insured with NFU so I'm sure they will be able to offer assistance legally, that's a good thought.

OP posts:
Cariadxx · 18/07/2018 04:29

So part 1c is the bit about the fence to be erected.
On the diagram the access path is the zebra crossing style thing

Issues over a right of access.... not sure where we stand legally
Issues over a right of access.... not sure where we stand legally
OP posts:
Cariadxx · 18/07/2018 04:30

His water trough is to the right of the access path before the red line so in a very narrow area

OP posts:
Collaborate · 18/07/2018 07:59

I really think you need to take the deeds to a solicitor. Positive covenants (to do something rather than refrain from doing something) can only be enforced against the original covenanter. I suspect you need to work out who has (or had) the responsibility of fencing off your ROW and whether, if it's not you, you can force anyone to do it.

barkwood · 18/07/2018 09:20

I'd ask on gardenlaw forum OP.

Cariadxx · 18/07/2018 18:47

Ok thanks. We're willing to pay for the fencing off but he's not going to want that. I just hope he'll shut them back in the woodland

OP posts:
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