[David Smith]

Hi can anyone advise? I have been using a field for over two years that I have a few sheep on for training my dogs. I had access via the persons Garden who is now moving and asked me to remove the sheep. The field adjacent which her family also owns has the only trailer access to the field. I have a key to the gate and up until now was not a problem. The family have now changed the lock and will not give me access but want the sheep removed.
Do I have any rights to remove the lock?

[Fleecewife]

You are asking a legal question and I am not qualified to answer.  However, as you are legally required to visit your sheep every day to tend to their welfare, I think the landowners may be in the wrong in denying you access.
When a similar thing happened to some of our flock, we opened the padlock, removed the sheep and replaced the padlock so that to a casual observer it appeared locked.  For safety, you could replace the padlock after you have opened it, with a functioning one and pop the key through their letterbox.
But I re-emphasise that I don't know the legal situation, especially if you are in England (I'm in Scotland with our own legal system)

[chrismahon]

I'd say cutting the lock off would be 'minor criminal damage' -there are different scales. So if you did so out of necessity, you would have to replace it immediately with the same quality item. Issues of rights of access are civil law and invariably take years and cost a fortune to resolve.


Sounds like you are dealing with complete idiots, so perhaps best to act quickly and without notice to resolve the problem. With the sheep gone and the lock in place there should be no further issues. It would help, should the Police be called whilst you are there, to have the request to remove the sheep in writing.

[SallyintNorth]

Legally, it'd probably be safest if you wrote to them to say that you are willing to move the sheep as requested but in order to do so, would need access for your trailer, and would they be able to unlock the gate for that. 

It sounds as though there has been a falling out between you and the landowner.  (No judgement either way, just going on their behaviour.)  So you may feel that a letter, however politely worded, could inflame the situation further, in which case the snip off the old padlock, replace with new, and new key through their letterbox is probably the most practical solution.  Almost certainly illegal though (whichever country you are in), so again, you may feel it could result in them taking matters further.  If so then you may feel it safer to take legal advice before doing anything.

I didn't read it that you are unable to get to the sheep to check them, only that you need their locked gate opened for trailer access.  If they are impeding your ability to check on the sheep daily then you may be able to get assistance from the RSPCA (or SSPCA as appropriate) to get access, on welfare grounds.

[doganjo]

I agree with others.  Priority is attending teh sheep every day - that is a legal requirement.  If they are preventing you doing that then you can contact the police - for instance if you need the trailer to take anything into the sheep or to remove a sick or dead one they are stopping you from doing that.

My advice is take advice on the legal aspect, and make sure you care for your sheep whatever else happens

Training and exercising your dogs is relevant