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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My property has a gate into my neighbouring farmer's field.

Customer Question

My property has a gate into my neighbouring farmer's field. This has been there since at least 1968 and used for walking dogs, both by myself and the previous owner of my property. The local shoot wants to prevent me from using the field and the farmer is reluctant to intervene because the shoot pays him rent. Do I have any right of access via prescription of through historical precedent?
David Read
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello David my name is ***** ***** I will help you with this.

Are they looking at blocking it all together, or only when the shoot goes on?

Customer: replied 1 year ago.
They blocked last year for the 3 month shooting season, which we honoured. This year it has been extended to nearly 7 months
Expert:  Ash replied 1 year ago.

Ok - I can see why they dont want you to use it whilst the actual shoot itself is taking place.

But given that there has been access for at least 20 years you have a prescriptive right. This right becomes absolute after 40 years, meaning they can not take it away.

So yes, if there has been 20+ years access then you have a right under the Prescriptions Act 1832

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Thank you. Could there be any objection to me having a dog with me? under control of course, and should the Shoot inform me when they intend to be shooting?
Expert:  Ash replied 1 year ago.

No, under control is fine.

Well they shouldn't necessarily inform you but it would only be polite to do so

Does that clarify?

Customer: replied 1 year ago.
thank you.
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I've had a thought. When I say access, does this mean I can walk all over the farmers land
, or just the field next to my property. In other words, how far does 'Access' extend?
Expert:  Ash replied 1 year ago.

Access is to what people had it before and used.