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Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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I live in a rural community. My property has a long drive way

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I live in a rural community. My property has a long drive way with a wooden fence bordering a field owned by a local farmer.
The farmer has informed me that he intends to build a gate into the fence to ease moving his livestock between fields. This would mean that he would have direct access to my property and he intends from time to time to move animals through my property.
Can he legally do this? If I find that he does this what should be my immediate move?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. This farmer would need an easement or right of way to move livestock through your lands. Here, the farmer doesn't have such a right of way. So, he has no right to move livestock through your land. As a first step, I would suggest that you get a solicitor to formally write to the farmer and point out to him that he has no right to move livestock through your land and that any attempt to create a gate to do so will be resisted. If the farmer does go ahead and erect a gate and start moving livestock through your land, then you should take out an injunction preventing him from doing so. This farmer is clearly trying it on and seeing how far he can go without you objecting. So, you must stand your ground and resist any attempt by him to create a right of way over your land. Be aware that the farmer would have to use any right of way for a minimum of 20 years for it to be recognised at law. However, this should not deter you from immediately stamping upon any attempt to run roughshod over your land by moving his cattle over it.
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