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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Our not so friendly farmer neighbor is proposing to install

Resolved Question:

Our not so friendly farmer neighbor is proposing to install a cattle grid at a point that provides not only access to his farm but access to 6 private houses.
The point at which he is installing the grid is leased by him and the rest of the road on which our houses stand is unregistered. We have never managed to find the "owner".

The only benefits to the farmer are 1) he does not have to open and close a gate 2) his animals can now stray up our road causing mess and potential damage to hedges vehicles.

Our private road goes no where so there is no advantage other to annoy us
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hi thanks for your question. My name isXXXXX should be able to answer this for you.

tdlawyer :

Does the farmer refuse to tell you who the owner of the road/path is?

Customer:

We know he has leased ( long term 124 years) the bit of road he is putting the cattle grid on.

Customer:

For 100 years the rest of the private road ha sbeen used by the other 6 houses and we have all unsuccesfully tried to find out who the ownership comes under

tdlawyer :

Okay. And since it is unregistered, there will not likely be anything at the land registry of interest. However, you would do well to look at your own land registry (or other) titles, as these may very well refer to the owner of the land concerned, and this is very common indeed. It's often done by referring to easements (such as of the sort applicable here) and from historic references from when land was initially split up and sold off.

tdlawyer :

This is perhaps the best way to deal with this if you can, as you would have access then to the freehold owner and could hope to get him on board to prevent the proposed change being implemented.

Customer:

That aside, I am more interested in the possible nuisance this may cause. Can someone just install a cattle grid without consultation, and particular as we hopefully have a right top cross having been here longer than the farm

tdlawyer :

If they have the absolute right to do as they wish on the land (which is a matter that will be set out in the lease between freeholder and leaseholder), then yes, they can. However, if this does cause a common law nuisance to neighbours, and the effect this may have on cattle and causing problems with mess etc., then the courts can prevent them from doing it. However, until the grid is installed, then there is no damage, and there is no absolute guarantee that damage will occur, so it's a difficult situtation and that's why I suggested trying to consult with the freeholder.

Customer:

Thank , you that is good advice. One thing my neighbour has mentioned the Land Compensation act 1973 whereby costs can be claimed for problems arising sound /noise etc. I was wondering if this is something that applies here

tdlawyer :

No, the 1973 Act will not apply, as that relates only to "public works", i.e. works carried out by statutory authority or a highway maintained publicly by the Highways Authority. I understood this to be a private land issue?

Customer:

Yes it is private land , so thank you for clearing this up

tdlawyer :

No problem.

tdlawyer :

The freeholder is the best avenue, as the only thing I can think of would be a common law nuisance claim, which means going to court and that might be long and protracted etc. and difficult.

Customer:

I will rate you excellent now

tdlawyer :

Thank you very much indeed!

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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