The Accidental Smallholder Forum
Community => Coffee Lounge => Topic started by: Kimbo on August 17, 2015, 11:14:25 am
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On another thread Me said he thought it better to talk to people rather than get them into trouble from a safe distance. I agree with that on the whole, but we are facing a very tricky problem with a neighbour over a public footpath and I wonder whether I do need to do something from a safe distance.
My neighbour is a nice lady but, well, she's a bit unreliable. She is a widow in her 50s living with her adult children and they don't farm any more. Consequently the land is rough as a badger's you-know-whats, the fencing is falling down and the farm buildings are literally held up by baling twine.
Along our boundary there is a public footpath which is quite well-used. It only crosses onto our land in one place for about 100 yards but it goes a long way on my neighbour's land and she historically hates the walkers. If she could she would stop the footpath being used.... and that's the problem for us.
For my neighbour has 2 quite aggressive horses in her field. One is a tiny Welsh pony but he has Small Man Syndrome. The other is a big black cob who looks quite intimidating. They regularly chase walkers and on one occasion someone fell in the chase and I thought he was going to be badly hurt. My neighbour's attitude is " its my field; they walk over it at their peril", which of course is wrong as a) she knows her horses aren't safe and b) horses aren't classed as farm animals.
Over the summer we have seen an increasing number of people leaving the footpath and walking over our fields and through our gates , or worse climbing our fences, to avoid the horses next door. Yesterday a nice couple were prevented from crossing the stile by the bigger horse who was baring his teeth at them. So they came to our stable yard. We let them through but I really don't want this to become a regular thing, for all sorts of reasons. I don't want people wandering all round our place.
We have considered going to talk to our neighbour ( again) about this problem but husband and I agree that if she gets a whiff of a chance to have the footpath moved to our side of the fence, or that people will just avoid her side she will jump at it. So Im thinking of speaking to the local authority.
Discuss?
PS: the horses chase the walkers whether or not they have dogs with them. Most dont
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Your neighbour is behaving very stupidly. We live in a litigious society these days, sooner or later those ponies will cause someone to sprain their ankle - or worse - and she'll be sued. And she'll be liable, too.
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Could the walkers go back the way they came rather than wandering where they shouldn't? I would try putting up signage asking them to keep on the footpath and if they don't want to walk through the horses then retrace their steps rather than trespass.
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I would report her to the local council responsible. They should ensure that the footpath is safe to walk. She would only get a diversion post if you agreed to it.
I would also contact the Ramblers Association to get their view. You may find that they will take up the issue without you getting involved
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Here most councils have an access officer who's job it is is to sort out these kind if things and to ensure that the outdoor access code is being adhered to. They will talk to landowners and, as a very last resort, can ask a court to enforce access.
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My take on this: talk to the council access officer if there is one or if not, the local Ramblers Association about your 100m and how to keep this in good order and people off the rest of your land. The issue of your neighbour will naturally follow and when it does you merely say you would not like to cause any issues you are merely dealing with your own obligations.
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Report the problem of the dangerous horses to the ROW officer at the council. Don't give your name (or get a friend to do it) the complaint will not then be traced back to you. Essentially say you attempted to walk along the route of the footpath but couldn't due to aggressive horses.
She will get a visit and hopefully the issue will be addressed...if not same again a few weeks/months later.
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Try and encourage the walkers to complain, it woud be better if a member of the 'public' complained. 'using' a friend sounds a good idea, get them to phone up sounding really upset that they've just almost attacked by a horse while on a public right of way. Or it may be better to get them to call the police? walkers don't always think to call the council. Getting police involved may get the council to move on them quicker. before your fences get damaged or people get used to walking where they shouldn't.
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I wonder if an alternative approach might help? Could you put up a map at both ends of "your" bit showing exactly where the path lies? If you cross-hatch the rest of your land in red with "XXX Farm - no entry" in the middle there should be no excuse for any confusion. If walkers subsequently try to stick to the footpath and cannot because of someone else's animals then complaining to the Council is up to them.
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thanks everyone for your good advice. Maybe we have been too accommodating in letting the walkers cross our land. I wish my neighbour wouldn't be so stubborn; she has plenty of other land the flaming horses could graze. I don't want to get her into trouble but at the same time I don't want everyone and his wife using our land and I don't want to see anyone being flown off in the air ambulance either.
I think I will have to contact the access officer then, as suggested, just casually drop in the issue about the horses!
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What a problem. I hope you get it sorted out soon.
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I think they just should put up a sign saying horses are dangerous, be careful. and you should put up a sign saying private, no access.
dont' know where you go from there..
shoot the walkers, how dare they leave their homes looking for some fresh air...
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I still think police should be involved, if there is a danger to humans a visit from a uniform would do a lot more than council officers treading softly softly trying to talk the lady round for 12 months.
Unfortunately putting signs on YOUR land saying PRIVATE NO ACCESS makes you look like the meany, though WE understand the problem, many walkers wouldn't.
I don't like barbed wire but how about putting a strand of that round the tops of the fences?
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shoot the walkers,
That's a good idea Claire..im not sure of the legality of it though...I know the definition of vermin does extend to people- quote: vermin (noun)"people perceived as despicable and as causing problems for the rest of society".
Question is does anyone know if walkers can be classed as vermin for the purposes of shooting ?
:roflanim:
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On another thread Me said he thought it better to talk to people rather than get them into trouble from a safe distance. I agree with that on the whole, but we are facing a very tricky problem with a neighbour over a public footpath and I wonder whether I do need to do something from a safe distance.
I stick to that. In my internal moral book, you need to speak to your neighbour about your concerns before you drop her in the excrement from height - if she instructs you to remove yourself and multiply - well.. you did speak to her first at least.
I am not sure if this is your problem as such, it is her problem and the walkers problem. That being said I would probably tell the walkers to keep out and take it up with the landowner if they have a problem whilst also telling the neighbour that her horses mean the "sodding walkers" are trespassing on your land - she might identify with that sentiment ;) and that you aren't going to stand for it.
She wont like you for it, but she may respect you.
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Kimbo,
Why does your neighbour hate the footpath/walkers so much ?
The limitations of having a footpath across your land are well known and documented...surely she knew the footpath was there when she bought the field and in doing so excepted its existence ?
If she hates footpaths/walkers so much she should not have bought the field....or perhaps it was forced on her by inheritance ?... poor thing.
If she wants to be rid of it she can fence it to separate it from the field ?.
Check this out.............http://www.telegraph.co.uk/news/earth/10820038/Landowner-stops-ramblers-straying-onto-his-property-by-erecting-300ft-long-metal-fence.html (http://www.telegraph.co.uk/news/earth/10820038/Landowner-stops-ramblers-straying-onto-his-property-by-erecting-300ft-long-metal-fence.html)
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shoot the walkers,
Question is does anyone know if walkers can be classed as vermin for the purposes of shooting ?
YEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEES! :thumbsup:
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Big gap between those without property for whom property is theft so they walk where they like and those with property who regard anyone walking on their property as theft. Big gap best filled with a big ditch or better for all by a bit more mutual respect. Fortunately the latter prevails in most places most of the time.
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shoot the walkers,
Question is does anyone know if walkers can be classed as vermin for the purposes of shooting ?
YEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEES! :thumbsup:
[member=41540]Porterlauren[/member] is going to need a larger dog :thinking:
(seriously I support walkers, but think it would be good if it were easier to apply common sense to sorting out rerouting some historical footpaths that are now just silly and/or high risk)
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My neighbour didn't buy the land the footpath is on. In fact she doesn't actually own the land at all...... it belongs to her husband's family. I think she just subscribes to the theory that its not their land so they shouldn't be on there.... full stop. She also has a VERY aggressive dog that she usually keeps chained up ( poor thing) but she lets it off the chain and opens her gates when its a Bank Holiday so that it can dash out to attack poor dogs walking by.
Are you starting to see a pattern emerging??!!! I think she might be Me's sister! (Only joking, Me!)