7 replies to this topic

[Burl]

Good to be back on F2F. Hope everyone is well and winning

I have a farmer who owns a reservoir on our land and he has a right of access. 

The problems we are encountering and its getting worse is that he appears at anytime of day and does what ever he wants no matter what we are doing as a business or a family.

The other week he appeared and emptied his reservoir over our paddock( HUNDREDS OF GALLONS) because the paddocks are saturated anyway the water did not soak in and just flowed like a lake over our property.The rabbit and guinea pig runs were flooded and half of my gravel washed away.

He also sends workmen up here unannounced and they just appear outside my house and park up .

Yes I have spoken to him ,yes he is an arrogant so and so and yes he is a parish Councillor.

I Wonder if anyone knows what options I have from a legal point of view . My research so far seems to indicate as he is the dominant   party he holds all  the cards.

We did know about this right of way on getting the land but since we won all our planning objectives against the parish and district councils he is really giving us stick..

Regards

Burl.

Dunreyth Alpacas

[Groundhog]

Its down to whats in the deeds,and contract I would think.

[Cornish Gems]

GH is right. Usually when there is right of access for someone on another's property there is a phrase about having to make good any damage caused when exercising their right of access. Do you hold the deeds?

 

Thank you for your good wishes.

[Burl]

 Yes we have the deeds and it does say make good ."He can attend at any time as is reasonable". He just does as he pleases without even a nod. The flood being the last straw really .

I would just like to find out what rights we have to control his actions.Solicitors having read the deeds just say it is very wooley.

I was hoping therewere statuary rights . 

[adrian007]

you may have legal services included within your insurance.

 

May be worth complaining to the police each time he does damage...that in itself won't be much good, but after a number of ccomplaints you could chnage the compleiant to harrassment.

 

Need to define reasonable somehow.

 

Take the war to him - complain to the council.

[Groundhog]

I would recommend if he has a farm shop to go and start buying from him or if he sells hay or straw,you may actualy be able to start a rapore with him.Feuds generaly dont end well !

More than one way to skin a cat etc

[shepie]

Yes don't get angry it won't work , humble pie !!

[jasonp]

pee in his reservoir