Farmers access on my driveway

R33nwk

Hi, 
I bought my house nearly two years ago and since moving in, we have had a farmer using our drive to move his livestock without clearing up the mess after him. His farm have used this land for many years before it was bought from another owner to use as the driveway. 

I have spoken to him numerous times about it and he isn’t interested in listening. 

There is no mention on the deeds to my house. It wasn’t mentioned to us before by the selling solicitor and it definitely would have put a question mark about us buying. 

We live in north of Scotland so I understand there are no trespassing laws but surely he can’t be leaving potentially hundreds of his sheep’s droppings on my driveway. We also live right beside a school and the kids use part of the land for access to the play area. 

Hope that’s not too much mumble and any advice would be hugely appreciated. 

Thanks

propertyrental

Does he have a rightof way across your drive? If not, put up a barrier and if/when he complains, negotiate the terms on which you are prepared to let him use it eg £X per year and cleaning up mess each time.

ThisIsWeird

R33, it's worth checking his deeds as well as yours again.

Who owns this driveway? How is it shown on your deeds?

Jonboy_1984

With two lots of access going on (farmer and school), does anything show with the local authority in terms of public rights of way (not familiar with Scottish processes, but in England the local authority have records/maps of most)

theartfullodger

Spoken to any other neighbours -of-farmer? See what they say.

In your shoes (I also have Scottish property) I'd ask all local solicitors what their expertise is in access disputes.  Depending who answers most promising go talk to them for an hour or so  (will cost).

A Google search of "Scottish access forum" comes up with various interesting websites.  Investigate and ask questions!

I'd get a solicitors letter to him.  Speaking to people has no record.  This is unlikely to be sorted quickly.

Never (well, almost always) wise to get into disputes with neighbours especially those with large quantities of bullsh*t.

When you state kids use part of the land is that your land or his land?

user1977

Think you're confused about the "no trespassing laws" bit - there's no principle that farmers can just decide to drive across other people's land. But (even if no mention in the titles) it is possible for rights of access to have become established if they have been used for over 20 years without objection. And are you saying the school and the farm both use your land for access?

Did you not query this as soon as you moved in, or seek advice from your solicitor? I would expect it to have been disclosed during your purchase, so you may have a case against the seller (or your solicitor) depending on what exactly happened.

Grizebeck

Nothing wrong a bit of sheep muck, scoop it up and put in on ya compost heap

sheramber

His farm have used this land for many years before it was bought from another owner to use as the driveway. 

Is anything about access stated in the transfer document of the land  for the driveway?

HampshireH

Check your deeds first but if all clear can't you put up a fence and gate?

sheramber

Farmer can open gate and take cattle though it. Slow process will probably result in even more mess.

propertyrental

sheramber said:

Farmer can open gate and take cattle though it. Slow process will probably result in even more mess.

in the absence of information, what makes you think "Farmer can open gate"?