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Author Topic: Anyone had a problem of another farmer placing livestock on their land?  (Read 2829 times)

Tiggs80

  • Joined Aug 2017
Looking for a bit of advice, if anyone has had similar problem.

I moved into our new smallholding nearly 9 months ago. The land consists of an orchard and a large field they are linked by a gate.
Since we moved in the local farmer has been placing livestock on our field. Ive talked to him and he has agreed several deadlines for removal of livestock from the field however these come and go and we still have livestock on our land. I need the (currently Bullocks) off the field so I can do the work necessary ( it's currently heavily rutted and weed infested as well as poor fencing) as well as getting on and building my smallholding. I don't really want to go the legal route, but starting to think it's the only option, so any thoughts gratefully received.

honeyend

  • Joined Oct 2011
Re: Anyone had a problem of another farmer placing livestock on their land?
« Reply #1 on: August 17, 2017, 08:18:52 am »
I would try posting this on https://thefarmingforum.co.uk/index.php, I am sure someone will have had experience of this.
  What ever you do it has to be in writing and recorded so he can not claim a tenancy. If it were me I would send him a letter by recorded delivery and serve him an eviction notice, and post the same on the gate, give him fourteen days to remove them and then get the bailiffs to take them off. The chances are he will shift them when he knows you are serious.
 

harmony

  • Joined Feb 2012
Re: Anyone had a problem of another farmer placing livestock on their land?
« Reply #2 on: August 17, 2017, 09:52:27 am »
When you say "placing livestock on your land" what exactly do you mean? Is this an arrangement you have made with the farmer since you bought the property or did you take over an existing arrangement?


Is there a written agreement in place? If not, a verbal agreement?








Backinwellies

  • Global Moderator
  • Joined Sep 2012
  • Llandeilo Carmarthenshire
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Re: Anyone had a problem of another farmer placing livestock on their land?
« Reply #3 on: August 17, 2017, 10:34:21 am »
Need to know more about any original agreement ... 
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landroverroy

  • Joined Oct 2010
Re: Anyone had a problem of another farmer placing livestock on their land?
« Reply #4 on: August 17, 2017, 11:44:33 am »
Obviously, as you said Tiggs, you're looking for an easy practical solution that you can apply now, with the legal  route as the last resort.
I have had a slightly similar problem whereby I agreed  for someone to graze some horses for a couple of weeks and then there was always some excuse as to why they didn't come off. There are always ways and means. :innocent:
How you go about things really depends on whether you want to still remain on good terms with your neighbour or not.
So - you could give him warning that you are going to spray the field with Roundup or pig slurry prior to to reseeding.  And be prepared to do it.
Or you could pull down down the already poor fencing, while making it look like it's just collapsed. Obviously tell him as soon as you "discover" this to avoid the animals wandering too far and maybe causing an accident.
You could threaten to report him to the British Cattle Movement Service for not informing them of movement of cattle. I'm assuming here that your field is not in any way recorded as being part of his holding. This threat could induce him to move them soonest as otherwise he may face an inspection by the RPA (alias the gestapo) which no one wants. Similarly you could report him to your local animal health office, again for unofficial movement of cattle.

Rules are made:
  for the guidance of wise men
  and the obedience of fools.

harmony

  • Joined Feb 2012
Re: Anyone had a problem of another farmer placing livestock on their land?
« Reply #5 on: August 17, 2017, 11:55:30 am »
Need to know more about any original agreement ...


Absolutely. For example, it may be if they have a grazing agreement they should put the fencing right and maintain the field. If they aren't doing that then they have failed to meet their obligation and you could terminate the agreement.

harmony

  • Joined Feb 2012
Re: Anyone had a problem of another farmer placing livestock on their land?
« Reply #6 on: August 17, 2017, 11:59:54 am »
Obviously, as you said Tiggs, you're looking for an easy practical solution that you can apply now, with the legal  route as the last resort.
I have had a slightly similar problem whereby I agreed  for someone to graze some horses for a couple of weeks and then there was always some excuse as to why they didn't come off. There are always ways and means. :innocent:
How you go about things really depends on whether you want to still remain on good terms with your neighbour or not.
So - you could give him warning that you are going to spray the field with Roundup or pig slurry prior to to reseeding.  And be prepared to do it.
Or you could pull down down the already poor fencing, while making it look like it's just collapsed. Obviously tell him as soon as you "discover" this to avoid the animals wandering too far and maybe causing an accident.
You could threaten to report him to the British Cattle Movement Service for not informing them of movement of cattle. I'm assuming here that your field is not in any way recorded as being part of his holding. This threat could induce him to move them soonest as otherwise he may face an inspection by the RPA (alias the gestapo) which no one wants. Similarly you could report him to your local animal health office, again for unofficial movement of cattle.


Falling out with neighbours should be an absolute last resort and avoided if necessary. There is a saying along the lines of "kick one and they all scream". Often in a community there are strong family connections etc and falling out with one person can isolate you and your family in many ways.


I would agree that it could be useful to plan work and tell them a start date.

Fleecewife

  • Joined May 2010
  • South Lanarkshire
    • ScotHebs
Re: Anyone had a problem of another farmer placing livestock on their land?
« Reply #7 on: August 17, 2017, 12:12:19 pm »
When we bought a new field some years ago, the previous owner felt he had the right to walk and drive over it as he wished. It had a connecting gate onto his land.  We replaced that gate with fencing, doubled to fit in with what we were doing along its length, and put in hedging between the two.  He was livid but just had to swallow it.
How does your neighbour get his animals onto your land? Is there a connecting gate from his fields, or does he come by road?  Or are the animals permanently on your land?  Have they been there since you moved in? Or does he put them on whenever he likes?  How does he do his animal care?
I think as always we need to know more before we can give an opinion, but I agree with others that consulting a solicitor for in-the-know legal advice is what you need to do, and before he has been there so long he has the right to stay.
"Let's not talk about what we can do, but do what we can"

There is NO planet B - what are YOU doing to save our home?

Do something today that your future self will thank you for - plant a tree

 Love your soil - it's the lifeblood of your land.

landroverroy

  • Joined Oct 2010
Re: Anyone had a problem of another farmer placing livestock on their land?
« Reply #8 on: August 17, 2017, 12:20:29 pm »
I wholeheartedly agree that falling out with neighbours is the last thing you would want to do.
That's why my first suggestions were "pleasant" ones.
But there comes a time when you have to stand up for yourself, and quite honestly someone who is clearly taking advantage of your good will, has probably taken advantage of other people as well given the chance. Such a person is not going to be held in great respect by the rest of the farming community who abide by the rules.
Recently we had an instance where the cattle belonging to a very large neighbouring farmer kept getting out. I'm talking here about a herd of 50+ (including calves.) This went on for nearly a week. During that time I rang the farmer a few times, put the cattle back once. But his fencing was crap and they were short of grass so just walked out again. In the end I rang the police and the cattle haven't been out since.
Now this farmer has hundreds of acres and is related to many others in the area. But that's no reason why he should consider he's above the law. And I haven't fallen out with anyone because of my actions, which I have openly admitted.
Rules are made:
  for the guidance of wise men
  and the obedience of fools.

landroverroy

  • Joined Oct 2010
Re: Anyone had a problem of another farmer placing livestock on their land?
« Reply #9 on: August 17, 2017, 12:25:41 pm »
So - Fleecewife - did you consult the law before replacing the gate with secure fencing, and so blocking your neighbour's access? :excited:  Or did you just do it? :innocent:
Rules are made:
  for the guidance of wise men
  and the obedience of fools.

harmony

  • Joined Feb 2012
Re: Anyone had a problem of another farmer placing livestock on their land?
« Reply #10 on: August 17, 2017, 01:32:50 pm »
I wholeheartedly agree that falling out with neighbours is the last thing you would want to do.
That's why my first suggestions were "pleasant" ones.
But there comes a time when you have to stand up for yourself, and quite honestly someone who is clearly taking advantage of your good will, has probably taken advantage of other people as well given the chance. Such a person is not going to be held in great respect by the rest of the farming community who abide by the rules.
Recently we had an instance where the cattle belonging to a very large neighbouring farmer kept getting out. I'm talking here about a herd of 50+ (including calves.) This went on for nearly a week. During that time I rang the farmer a few times, put the cattle back once. But his fencing was crap and they were short of grass so just walked out again. In the end I rang the police and the cattle haven't been out since.
Now this farmer has hundreds of acres and is related to many others in the area. But that's no reason why he should consider he's above the law. And I haven't fallen out with anyone because of my actions, which I have openly admitted.


The thing is we don't know enough about the situation. We have no detail about whether there is an agreement of any sort. Until the OH sheds some more light all we know is someones cattle are on his field and he wants them off. Anything else is conjecture.


Maybe there is an agreement and actually the grazier is within his rights. Yes, he could be taking advantage but the point is we don't know.


I know people who fell out with their neighbours and the situation escalated to the point that the situation ended up in court and they lost their house. Now, I am not saying this could happen here but so far on the information we have been given seeking legal advice is the best answer so far IMO.

Fleecewife

  • Joined May 2010
  • South Lanarkshire
    • ScotHebs
Re: Anyone had a problem of another farmer placing livestock on their land?
« Reply #11 on: August 17, 2017, 07:18:49 pm »
So - Fleecewife - did you consult the law before replacing the gate with secure fencing, and so blocking your neighbour's access? :excited:  Or did you just do it? :innocent:




Yes of course we did  :eyelashes:
"Let's not talk about what we can do, but do what we can"

There is NO planet B - what are YOU doing to save our home?

Do something today that your future self will thank you for - plant a tree

 Love your soil - it's the lifeblood of your land.

 

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