Farmer causing damage

bris

If he is damaging the walls then that may be a case of getting your insurers involved who will chase his insurers.

However you need to be careful on this, the ROW is absolute, you can not restrict it in anyway to prevent this ROW. If you put in a narrow gate or build walls  that restrict this then he has a case against you and will just plough through those restrictions anyway.
We have an idiot where we live that bought a strip of land that runs past his house. It has been there for 100 years and is well travelled; by walkers and horses in all that time. He decided that as he now owns it he will block it off as he didn't want people and horses passing his house., so he put huge boulders in it's access points which did the trick. The council however moved them and sent him the bill when he refused to move them so there is only so far you can go on this.

Have you actually spoke to him and asked him to contribute to the gravel costs?

the_lunatic_is_in_my_head

bris said:

However you need to be careful on this, the ROW is absolute, you can not restrict it in anyway to prevent this ROW. 

This is correct but equally the farmer doesn't have the right to expect his ROW to increase in width simply to accommodate any equipment that he wishes to use.

OP should try to establish exactly what land the farmer has a right over, ensure that is clear and if land outside of that is being travelled over block it off. 

I would also look at speed bumps or similar to reduce the speed of all traffic using the lane. 

unholyangel

bris said:

If he is damaging the walls then that may be a case of getting your insurers involved who will chase his insurers.

However you need to be careful on this, the ROW is absolute, you can not restrict it in anyway to prevent this ROW. If you put in a narrow gate or build walls  that restrict this then he has a case against you and will just plough through those restrictions anyway.
We have an idiot where we live that bought a strip of land that runs past his house. It has been there for 100 years and is well travelled; by walkers and horses in all that time. He decided that as he now owns it he will block it off as he didn't want people and horses passing his house., so he put huge boulders in it's access points which did the trick. The council however moved them and sent him the bill when he refused to move them so there is only so far you can go on this.

Have you actually spoke to him and asked him to contribute to the gravel costs?

That depends entirely on what the wording of the easement is and/or how it has been used historically. As I alluded to earlier, a right of way doesn't automatically give a vehicular right of way. And a vehicular right of way doesn't necessarily mean for all vehicles no matter their size. 

Which is why I said if it doesn't specify dimensions then theoretically the OP can install a gate the exact width of the track - wide enough for previous vehicles he used to pass but not wide enough for the new vehicles. That's not infringing the farmer's right of way, it's putting forth measures that protects the farmers right of way while also protecting the land owners from any encroachment caused by the farmer trying to widen his right of way. But I did also specify to get legal advice before doing so because it would depend on the wording of the easement. 

But op's main complaint seems to be the damage, and the fact a right of way might exist doesn't stop the farmer being liable for damage he causes. Or even for the regular maintainence of the road - unless the easement specifically makes the OP & neighbours liable for upkeep (but still won't apply for damage). 

born_again

the_lunatic_is_in_my_head said:

I would also look at speed bumps or similar to reduce the speed of all traffic using the lane. 

Given this is a gravel track. Then the tractor & trailer is creating a far worse surface than any speed bump will cause.
As well as go and watch just what these new tractors can go over without the driver (sat in his air suspension seat) even noticing.