Author Topic: Shooters rights?  (Read 12420 times)

Ladygrey

  • Joined Jun 2012
  • Basingstoke
Shooters rights?
« on: December 18, 2012, 05:41:39 pm »
Hi there,

This has been going on for the past few months but I am at my wits end and for the first time have pregnant ewes in this field.

I Moved into this house 2 years ago last month, we rent it off the estate (stratfield saye estate, where they filmed warhorse), 4 acres came with the house and there is a 2-3 acre paddock behing my house where I keep my sheep (part time).

When I moved in, the field had been shut off and left for years, was very overgrown and wasnt fenced, I fenced it in and worked with it until its now a nice grazing paddock.

When this years shooting season started, first the beaters would climb over the fence and start BEATING amongst my sheep! sheep so so stressed and they run around and around the field till they are panting, then after the beaters went the shooters do the same!!!  :gloomy:  :gloomy:  :rant:  :rant:

My dad went outside and asked them what they thought they were doing and they said they have always come across here for years so we cant stop them now! We emailed the estate and they said that those werent their shooters and beaters, they are part of a farm estate on the other side of the road and that they have always beated and shooted across that way and we cant stop them!!!!!

There is no footpath across that field! we see them climbing over our fence and walked through our pig pens aswel as into the sheep field.

I am moving the sheep onto my boyfreind's dairy farm this weekend but the pregnant ones will be coming back home mid february.

Do I have a leg to stand on!? can they really beat and shoot on my rented land amongst my animals just because the last tenant allowed them to?

I feel like going and getting a viscous bull to keep in my field  :furious: :furious:

lachlanandmarcus

  • Joined Aug 2010
  • Aberdeenshire
Re: Shooters rights?
« Reply #1 on: December 18, 2012, 05:52:50 pm »
In terms of coming onto the land, maybe by usage over x years they may have acquired a right to walk across the land. But they definitely would NOT have a right to do anything other than cross via the route they have used - they would need permission from the landowner to do anything other than walk from A to B without loitering. Nor would they have the right to cause suffering to livestock.
TBH tho unless the landlord has some balls to tell them to stop it could be quite difficult.
If it were me - I would move! I couldnt put up with that sort of stress.

Ladygrey

  • Joined Jun 2012
  • Basingstoke
Re: Shooters rights?
« Reply #2 on: December 18, 2012, 05:58:36 pm »
The problem is, they used to walk from A-B by crossing diaginoly across the field, so they are actually doing this still, climbing through one pig pen and across the sheep pen. the last tenant used to let them release some pheasants into the field and used to beat and shoot with them! so we came along and ruined their plans I suppose!

However when we looked around this house and land they were keen for us to use it for farm animals with no mention towards any shooters/beaters using the land! they said that the shoot operated nearby!

at the moment yes we are looking at moving house

sabrina

  • Joined Nov 2008
Re: Shooters rights?
« Reply #3 on: December 18, 2012, 06:07:12 pm »
As the local police, maybe the fact you rent the land and would be at risk from anyone shooting on it , worth a try.

HelenVF

  • Joined Apr 2012
Re: Shooters rights?
« Reply #4 on: December 18, 2012, 06:16:41 pm »
Assume they have the sporting rights?  Might be worth contacting BASC to see where you stand. Totally inconsiderate of them!

Helen

deepinthewoods

  • Guest
Re: Shooters rights?
« Reply #5 on: December 18, 2012, 06:26:32 pm »
surely it depends on your landlord, and if they have given them express permission to the land?

Lesley Silvester

  • Joined Sep 2011
  • Telford
Re: Shooters rights?
« Reply #6 on: December 18, 2012, 08:29:30 pm »
They certainly seem to have rented you the land under false pretences.  You definitely need to seek some advice.  Hope you get it sorted asap.

Small Farmer

  • Joined Jan 2012
  • Bedfordshire
Re: Shooters rights?
« Reply #7 on: December 19, 2012, 12:11:58 am »
They are legally obliged to do a formal written health and safety assessment.  Bet they haven't.  See the BASC website.


They can't claim a right of way without evidence of uncontested use over 20 years.  If they want to do this its several months effort with the Land Registry, some costs and no certainty. Until then its "sod off, I've called the police" plus criminal damage. 


Plus tell the RSPCA. They must be good for something.
Being certain just means you haven't got all the facts

SteveHants

  • Joined Aug 2011
Re: Shooters rights?
« Reply #8 on: December 19, 2012, 12:20:08 am »
Tell em to sling their hook.


Shoots would go ballistic if you 'walked your dog' through their cover crops, perhaps threaten to do that.


I say this as someone who shoots/beats by the way.


Your field is grazed down, unlikley to hold any birds anyway.

doganjo

  • Joined Aug 2012
  • Clackmannanshire
  • Qui? Moi?
Re: Shooters rights?
« Reply #9 on: December 19, 2012, 12:32:35 am »
Presumably they have dogs with them - they are considered to be worrying your sheep if they are in the field - let them know you have a gun and will shoot the dogs if they are seen in the field again.  Put notices on the fences that any dogs seen in teh field are considered to be sheep worrying - not that you'll shoot them - the implication may be enough.  I wouldn't take my dogs beating in a flat grazing field with sheep in it either
Always have been, always will be, a WYSIWYG - black is black, white is white - no grey in my life! But I'm mellowing in my old age

tizaala

  • Joined Mar 2011
  • Dolau, Llandrindod Wells,Powys
Re: Shooters rights?
« Reply #10 on: December 19, 2012, 09:15:48 am »
Raise the hight of your fences by another foot with 3 extra strands of barbed wire and electric tape on top . :thinking:  just make it too awkward to consider climbing over or through.

Fowgill Farm

  • Joined Feb 2009
Re: Shooters rights?
« Reply #11 on: December 19, 2012, 09:23:03 am »
By time your sheep come back in feb the pheasant shooting season will be over it runs mid oct - 31st jan, so you should have no worries then.
Then get prepared as Tiz said with new higher fences put in writing to the shoots that you are not prepared for them to traverse your land due to animal wlefare and suggest they take alternative routes.
mandy :pig:

henchard

  • Joined Dec 2010
  • Carmarthenshire
    • Two Retirees Start a New Life in Wales
    • Facebook
Re: Shooters rights?
« Reply #12 on: December 19, 2012, 09:27:50 am »
There seem to be a lot of 'barrack room' lawyers here.

The sporting rights can be seperated from the land a thus a new class of property is created at that point and this can be treated like any other sort of property. When buying land or renting land you should be clear whether or not the sporting rights are ‘in hand' (that is, the landowner owns them and has not let them out). 

http://www.countrylife.co.uk/blogs/article/505989/Need-to-Know-Buying-property-and-sporting-rights.html


http://www.burnetts.co.uk/publications/factsheets/countryside-pursuits-legal-implications


In this case it would clearly seem that the sensible thing to do is to find out who does own the sporting rights and then discuss a workable solution (such as being warned in advance so that you could pen sheep in or limiting the number of days disturbance etc).

« Last Edit: December 19, 2012, 09:33:01 am by henchard »

quiltycats

  • Joined Nov 2012
  • Ooop North
Re: Shooters rights?
« Reply #13 on: December 19, 2012, 10:09:06 am »
Years ago in the last house we had with a few acres of land I went out to hang my washing out, I had small kids too. aged 7 and 5, as I stepped out my own house I encountered a whole row of men toting shot guns and using my garden wall to give themselves cover as the woods behind me were driven. They were shooting over my house!!!

I was livid, especially since the keeper knew us and knew we had children. no warning they were coming, nothing. I rang my solicitor to double check on rights. I knew I had riparian rights but was less sure on shooting.  :rant:

They never returned once they realised that an angry mum and some noisy children,  was a force to be reckoned with.   :roflanim:

Times have changed and the new generation of keepers, think they can just drive onto our fields in their damn 4x4's..park and shoot..*&**%&*())(&^^^ :rant: :rant: :rant: not only do they NOT have shooting rights but when they do sneak in like they own the world they rarely pick up their spent cartridges....The only deterrent short of the law, seems to be to be there when they appear. Even if it is only one or two days a year it is one or two days too many.  :huff:



lachlanandmarcus

  • Joined Aug 2010
  • Aberdeenshire
Re: Shooters rights?
« Reply #14 on: December 19, 2012, 10:28:43 am »
Years ago in the last house we had with a few acres of land I went out to hang my washing out, I had small kids too. aged 7 and 5, as I stepped out my own house I encountered a whole row of men toting shot guns and using my garden wall to give themselves cover as the woods behind me were driven. They were shooting over my house!

I thought there were restrictions on shooting close to roads/properties?

 

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