wingrovebuyer : Hello. Yes, you need to know what rights he has over the track. This may specify a width, but even if it doesn't, if it is a right of access for Agricultural purposes there will be implied in it a reasonable width to allow farm machinery to pass. It may or may not refer to animals too. Can you access a copy of the document in which his rights were granted? With regard to the invoice, ignore it - he can't do this. Best, WB
thanks for your speedy response - I'm just waiting on info from the trust re. their burdens w.r.t. access for farmer, to see if I have further questions
best wishes - Jeremy
wingrovebuyer : Hi Jeremy. Could you please leave a rating, and I will answer related follow ups free. Best, WB
trust's burdens state:
Disposition by Secretary of State for Defence to Killermont and Garscadden Estates Limited and its successors and assignees, recorded G.R.S. (Perth) 13 Oct. 1967, of parts of the Farm and Lands of Cultybraggan, which contains the following rights and burdens which affect the subjects in this Title:
(two) all rights and privileges attached to the said subjects with free ish and entry by the existing roads and ways at present used for the purpose of access thereto
'the purpose of access thereto' could be either specific or very general - presumably the farm cannot demand access by whatever means (i.e. track needs to accommodate whatever vehicle they choose to use) or along whatever track is available (i.e. the farm may use whatever track is available, with no requirement for trust to maintain it to any level of passibility) - any thoughts? The relevance being: if we and the Trust have elected to erect a fence alongside the track which allows access but not specifically for the farm's biggest tractor then - does the farm have grounds for complaint or do they have to put up?
wingrovebuyer : Hi. Where the right is not specfifc, the general rule would be that the width would be defined by the type of machinery using it at the time. So, if access was simply taken by a tractor, that is all that was envisaged, and so arguably the width is limited to such extent as accommodates a tractor. Combines, for example, are much wider. I suggest you put the ball back in the farmer's court, as he is the one asserting he has a wider right of access. You could do this by writing to him and saying that the fence is on your land and if he removes it you will ask the police to prosecute him for ciriminal damage to your property. If he takes legal advice, they will confirm that if he has a legal case, he will have to go through the proper channels to get the fence moved. If he has a case, he is obliged to set it out to you, and you can consider the case and decide whether or not you will allow the fence to be moved. Hope this helps!
Thanks - that's very helpful.