4 replies to this topic

[che]

Opened this topic in response to "ASK DAVE" topic "Day 1 and problems" as not sure wether we are allowed to contribute. If you are reading this Jav google the topic title and it will come up with a blog in "Horse & Hounds" with some interesting contributions.
Your solicitor would have sent the vendors solicitor a questionare that would have asked the question as to wether there were any tenancies onthe land. Answering this incorrectly would involve a claim for damages in civil law. Small claims courts are cheap to use and often enough to get the desired result. To advise more fully we could do with more informatio about the land your intended uses and how long the horses have been on the land. You could also contact a solicitor that specialises in equine matters but be aware they will charge in excess of £150 per hr.
Your actions will be dictated by wether the previous owner has unwittingly given a third party grazing rights. It will perhaps serve as a salutory warning to us all to be careful as to the arrangements we make on land we own. So if we rent get a watertight agreement.

[jav]

Hi Dave C

We bought the land from a very big chain of estate agents, were told no tenancies on the land verbal or other.
We noted 2 horses on there obviousily right there from the beginning, to be told they were on there grasing and vendor thought leave them on there to grase until sold as to keep grass down.

Couldn't really do anything about that we thought as not our land until completion, two days before completion were told horses would be removed.

Then owner of horses saying after completion, that vendor owes him money for an agrrement of looking after his land and
helping to maintain fields for free grasing. But he is a neighboring farmer who not happy we bought the land in the first place (never met the man ever).

We own 17 acres and want to raise our own cattle, and no horses in that.
Do be honest it is now holding us back.

We have rare breed chickens ready to go on, making headway on some pigs. Also have a farmer on the land today cutting the grass, and topping. They are in the way so stuck a little to no fault of our own.

No explaining to the farmer though, but we are going with Daves answer and moving horses safely back on to farmers field
later on this afternoon

Jav

[che]

Hi Jav Good luck with returning the horses but it looks like your farmer friend is in war mode. He is not untypical of farmers who generally believe they are above the law. I think i would be more concerned about the tractors on your land. You could add nitrate fertilizer to your fields which are poisonous to horses. Warn him in advance if he does not move them after spreading report to RSPCA as welfare issue. If an when they are gone lock all gates securely. I would also move a caravan on the basis you need to be there to protect your property.
Fortuneatly the farmer is changing his story which will not help his case. Let us all know how you get on.

Dave C

[surreydodger]

I assume the sale of this land was done on the basis of Vacant Possession, as are most property/land sales. I would be onto my solicitor to enforce this condition as at the end of the day it is the vendors responsibility and at his cost to ensure such condition is met.

Any delay caused by the horses still being in place, which are therefore causing you financial loss, would be down to the vendors. Your solicitor should be best placed too advise but don't be afraid of taking a second legal opinion as there are, as in all walks of life, good-uns and bad-uns.

I have some concerns on moving the horses yourself. If you had, had no contact with the neighbouring owner you might be okay moving his 'property'. But as you are fully aware of the situation you might (and I do stress 'might') be putting yourself in a position where your legal status is weak in regard to moving somebody elses property. Sadly, that is often the way the law works nowadays. I really would advise checking your actions first with your solicitor.

[Romany]

Hi Jav, do you have an update on this? Any satisfactory outcomes?
Romany