Farmers access on my driveway

theartfullodger

R33nwk said:

user1977 said:

I'm also curious as to the layout which made it non-obvious on viewing that the farmer and/or school are using this driveway.

Especially if it's covered with sheep poo.

I was told the driveway was 100% ours, ...

Wonderful: What do YOUR deeds and HIS deeds say about access, please?

Johnson "told" us the people that Brexit was all about sunlit uplands.... 

lincroft1710

Skiddaw1 said:

I think I may be the only person in the world who actively likes the smell of slurry. I love it when the local farmers are muck spreading.

I'm imagining the actor Robert Duvall crouching down and saying "I love the smell of napalm slurry in the morning"

Eldi_Dos

lincroft1710 said:

Skiddaw1 said:

I think I may be the only person in the world who actively likes the smell of slurry. I love it when the local farmers are muck spreading.

I'm imagining the actor Robert Duvall crouching down and saying "I love the smell of napalm slurry in the morning"

Good surfing on the north coast, so you never know

sheramber

Whoowns the drive is not disputed. What is unknown is who has the right of access. You can own it but others can have right of access.  
When did you find out that the previous owner cleaned up after the sheep? 

Did you query with them as to why the farmer used the drive? Does the drive have a gate/ field allowing access for the sheep or did you assume the farmer would clean up when you asked him?

user1977

How did the sellers answer the Home Report questionnaire question about neighbours' rights over their property?

If the missives used the Scottish Standard Clauses, how did they deal with condition 16 (unregistered encumbrances on the title, which would include servitude rights acquired by prescription)?

sheramber

I get the impression the OP does not object to the farmer having access and driving his sheep along the drive/road.

He objects to the mess left behind.

Skiddaw1

lincroft1710 said:

Skiddaw1 said:

I think I may be the only person in the world who actively likes the smell of slurry. I love it when the local farmers are muck spreading.

I'm imagining the actor Robert Duvall crouching down and saying "I love the smell of napalm slurry in the morning"

Silage as opposed to Saigon in fact!!

Tiglet2

R33nwk said:

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

Without OP confirming what his and the farmer's deeds say, or to confirm 'how many years' the farm has used the land (acquiring prescriptive rights - not sure about Scottish law), it is difficult to advise.  Did the farm buy the land to use as a driveway from another owner?  Not very clear to me.

Is OP only concerned about the mess the farmer makes, or is OP concerned about the farmer's right to use the driveway/land?  Does the school have any rights over the land, or was this an informal agreement?

Could you please confirm OP?