Right of way.

fastrac

I am getting grief off walkers on a road through my farm that gives access to 2 farms and a private house.These people have no connections to any of the neighbours.How can i find out if its possible to stop them using the road as i am the legal owner of the road.I dont want to put up gates as they would be awkward for the people using the road to their own house.

kfk

I am guessing that the owners of the 2 farms and private house have a right of way on your private road. If these people have no connections with the neighbors then where are they going? If the 2 farms or private house have not given them permission to enter their property then I believe you can stop them from walking on your private road. Open to correction.

emaherx

kfk wrote: »

I am guessing that the owners of the 2 farms and private house have a right of way on your private road. If these people have no connections with the neighbors then where are they going? If the 2 farms or private house have not given them permission to enter their property then I believe you can stop them from walking on your private road. Open to correction.

I think KFK is right, as long as there isn't a public right of way through the land.


If its a private road put up a gate with a sign that says private property but just don't close it. Sounds silly but it shows that it is a private road to people wandering around the country side. You should probably talk to anyone who has a right of way in case they think you are doing it to get at them.

fastrac

The road continues through one of the other farms and back onto the public road.There is a locked gate across the road on the other farm but the walkers have made a path at the side of it and he hasnt stopped them as he only wanted to stop people driving through his yard. Anybody know how to check out the right of way .Can somebody claim right of way just by walking on the road? Whats the best way to politely tell these people to stop using the road?I am expecting a very bad reaction from them so need to be well sure of myself before approaching them.Thanks for replies.

mikemac

fastrac wrote: »

Whats the best way to politely tell these people to stop using the road?

Easy,just carry the shotgun while you politly ask them to move along :pac:

Isn’t there a land registery where you can see if a right of way exists?.
Maybe the deeds of your land will show this if you have access to this.

The walkers certainly can’t start a right of way but if nobody objects then eventually (not sure how long) it will become accepted and more difficult to stop

emaherx

shotgun +1

Did these walkers only appear recently.
A Public right of way needs to be used regularly to be maintained (once a year I think).
Your neighbors don't count as they may have a Private right of way.

You say the road continues onto another public road. Was the gate always there or was it put up recently?

Dose the council maintain or ever maintained the road or part of the road? As this may be a problem, as the usually acquire ownership of the road beforehand.

fastrac

The existing gate has been there for over ten years however walkers have been using the road as far back as i remember (40 yrs). The council never maintained any part of the road and refused to do so when retarring the public part in 2006..Spoke to the neighbour with the gate and he has been considering closing off his part of the road to the walkers as he doesnt know half the people using the road.No more shotgun suggestions please. They would have me locked up . There is a Cul De Sac sign at the start of the public road but no indication of the end of the public road ( apart from the finishing of the tar).Could i get the council to put up a sign there . Not that they take any notice of the existing If you pass this point your are entering a farm signs.

Oldtree

The right of way issue is a minefield and there are those itching to assist walkers to take it to court to set a precedent. If you go up against this and lose, it will cost you a fortune if its a high court case.

A right of way exists after 12 years (proven), so it would appear that the walkers have this right if they have been at it "in the owners knowledge" for 40 years.

Ensure that your public liability insurance is up to date.

Join the IFA, who have a members legal information line who may be able to give you more accurate information as to your rights. I joined the IFA for €70 or so (as a small holding) and got a €70 discount from the FBD as a member of the IFA on the Public Liability Insurance, then costing €90.

meathstevie

I do a good bit of shooting and as a consequence I walk accross fields, roads and lanes that by all means would be private but the last thing in my mind would be to claim against a farmer who doesn't mind me shooting their land if I'm stupid enough to break a leg jumping a ditch. The NARGC compensation fund even has a clause that covers farmers for potential third party liability claims that involve gun club members.

fastrac

I have no problems with gun clubs .Its the self appointed country police are my issue. looks like we are going with the signs for a few weeks to see if things improve as one neighbour aint happy with opening and closing the gate all the time.

meathstevie

At the end of the day it's all about respect for your means of making a living and way of life. A lot of those self appointed country police as you call them don't understand that for a farmer his fields are vital for generating an income and that it's only normal to acknowledge that by asking permission to walk accross them or as in my case shoot on the land.

For flip's sake, most farmers have no problem with gunclubs or walkers for that matter as long as they're being acknowledged and their livelihood is treated with a minimum of respect. Stuff like closing gates behind you, not traipsing through freshly planted fields, making a quick phonecall when you see distressed animals etc etc creates a lot of goodwill on both sides but some people just take it for their god given right that they can wander and trample wherever they bloody well like.

Oldtree

If someone hurts themselves by jumping a ditch, its their problem. The point is that a landowner must be protected against a claim if someone hurts themselves due to the landowners own negligence.

The english have opened up their countryside but it is now running into serious problems as it takes only a few eejets to ruin it for the rest of the public. I used to have no problem, but after the mountain of rubbish I have now collected, including tyres and glass, I do.

And it was the shooters that left the gate open, you would think that they would know better, No more! And they were not using tin shot either.

I hope the signs work

kiffer

Sounds like they have a right of way to me...
It's been 40 years of people using a road ... not going through fields by the sounds of it?
Are they? we're talking about a road through your land here? linking two public roads?
How far do these walkers need to detour if they have to walk around your land?

What sort of 'grief' are you getting?
This thread has conjured an image in my mind of you trying to stop them and them saying that they've got a right of way... which seems to be the case... they're probably being a bit self righteous and over the top.
Is this the case or by grief do you mean that they are making a mess or thrashing the place?
Also how many walkers are we talking about here? Constant traffic or one or two a day/week/month?

I remember walking and encountering new fence across the path with a sign that said "Guide Book Wrong"... It was marked as a trail on my OSI map, so I'm pretty sure it was a legitimate trail...

What has changed that you've gotten annoyed after 40 years of walkers?

fastrac

Illegal dumping.Gates left open,Joyriding,Damage to fences and water troughs,Dogs running loose,None of the current users have been using the road for 12 yrs.I estimate around 10 regulars use the walk which is not a short cut for anybody .They just prefer to the main road that is v busy with a narrow footpath.I cant pick and choose who uses it .

Oldtree

I would talk to the regular users, as I would think they are unlightly to cause damage (or are they) and tell them that they are welcome to walk but that you are putting up a gate to deter the kind of behaviour that you have mentioned above. Then lock the gete for 1 day a year (in the middle of winter taking photos with a newspaper to date it) for the next couple of years which will prevent any further claims of a public right of way.

eveie

you need to act quickly
if this road has been used as a right of way for 12 or more yrs then be legally made a right of way, its kinda like adverse possession.
if you do not have any signs up saying that it is private land and there is to be no access i would also recommend you put some up. although this will not solve the problem as you will need to enforce this rule.

il gatto

Leave the road covered in cowsh1te. If it's not a public highway, the council can't make you clean it. It might discourage the use.
Realistically though, locking the gate one day a year would maintain it's private status and prevent it becoming a right of way, The problem is though, it will not stop them using it. What would be the next step? Prosecuting them for trespass? Sounds awkward.
My fiances father had a running dispute with a neighbour over a right of way along the edge of field. They didn't really need it and it wouldn't have made a hugh difference to him if they did use it, but once things get "official", it got messy. Gates being left open, ploughing up the pass with big tractors and the like. Best to avoid confrontation if possible.
Sorry, but I suppose I have no proper answers. Good luck with it though.

fastrac

Best advice so far! Must hunt out the ladies for a few hrs later on?