The summer months see a sharp rise in walkers making use of public rights of way across farmland and enjoying the countryside at its best. But this brings greater challenges for farmers and landowners, including gates being left open or unlatched, fences being damaged or trespassers entering their land.
Farmers do not have time to go around chasing sheep and other livestock, shutting gates, and putting up signs for walkers. But there are steps that can be taken to pre-empt issues and tackle ongoing problems.
For prompt advice on how to protect your legal rights, contact the Agricultural and Rural Affairs Team at mfg Solicitors LLP, who are supported by and work closely with the Real Estate Disputes Team.
What legal problems arise?
While most farmers and landowners welcome members of the public walking on public rights of way on their land, the scourge of open gates can be a serious problem for several reasons.
Trespass - If other people, including neighbours, enter your land without permission, inadvertently or otherwise, they will be trespassing.
Escaping animals – Sheep and other livestock can escape from the land. If they stray onto public roads, motorists will be at risk of accidents.
Prescriptive rights - If you do not make sure gates are kept shut and fences are maintained, there is a greater risk of a neighbouring landowner eventually claiming a legal right of way, known as an easement.
Loss of control of land - If you do not make sure fences are secure and gates are kept closed, you may see an increase in informal access to your land. This can lead to your land being devalued, which will become a key issue if you wish to sell or develop the land.
Occupiers’ liability - If someone enters your land, legally or otherwise, and they suffer an injury, you could face a compensation claim under occupiers’ liability legislation.
What should I do?
We know that the issue of open gates and broken fences is annoying at best, and a serious problem if left unaddressed. It may be reasonable to consider erecting appropriate signage, or even locks if appropriate, provided this does not impede public rights of way.
It is prudent to ensure you are fully aware of your boundaries and existing public rights of way over your land. We can check the registered title, plans, and any lease agreements.
This will make it easier to carry out appropriate periodic checks of your gates and fences, and to make sure no obstacles have been installed on your land in breach of your rights. It is wise to take photographs and make a note of the dates when checks are carried out, particularly if new structures have appeared or your existing gates or fences have been damaged.
We can assist in contacting neighbours to remind them of your legal boundaries and warn against continued trespassing. If they request continued access for good reasons, you might want to consider granting a formal licence allowing access for a limited period, on certain conditions.
How we can help
If this is an escalating problem and you are considering taking further action, it is important to discuss it with specialist solicitors before taking any initial steps. You will not want to risk unnecessarily escalating a dispute with the neighbouring landowner, or inadvertently preventing the public from exercising their lawful rights.
The experienced Agriculture and Rural Affairs Team at mfg Solicitors supports and represents landowners, tenant farmers, and landlords in Worcestershire, Shropshire, and the surrounding regions.
Please contact Lauren Collins, a solicitor in the team, on 01905 610410, or email her at lauren.collins@mfgsolicitors.com.