"Wayleave" and cows

sorella

Good morning .

We found a quiet cottage at an affordable rent.

The fact that it has a private drive with a gate decided us as we need privacy.

The landlord was fine.

There was some work being done there as we were taking our stuff in before signing the lease, and the man advised us to keep the gate closed as a local farmer sometimes used the drive to take his cattle to the field behind the house.

Right past the windows; also we grow food andf flowers.

So of course we said we would keep the gate not just closed but padlocked.

When we went to the agent to sign the lease, by which time all our things were in the house which had been redecorated to our wishes, there was a clause saying that the farmer who rents the fields around the house from our landlord for grazing his cattle, has a wayleave to use the drive and if the gate is to be locked he needs access to a key.

It was too late then for us to back out.

The landlord knew we are planning to grow food etc and we had already brought our window boxes and containers of flowers from the other house.

So we have said nothing, but are keeping the gate locked.

The fences to the fields are in a terrible condition also.

Not sure how legally binding a wayleave is. Previous tenants were not there full time as it was used as a holiday/weekend let before. So this did not matter.

But there is no way we will allow a herd of cattle to come past the house and damage our gardens. I mean really!

The farmer could quite easily make an entrance in from the road. He is by the way a friend of the agent who describes him as "a gentleman"

EKRIUQ

Well I know if you shop around you can get vegetables reasonably priced at Lidl.

Hope that solves your problem

GreeBo

Did you look at the lease before you started moving your stuff in and getting the house re-decorated?

Wishbone Ash

Would it be possible to reach a compromise whereby an electric cattle fence is put in place and switched on during any cattle movements. (It's only a single line which could be easily removed each time). It's unlikely that he would be moving them that often - a few times a month at the very most.

(If you are referring to dairy cows, then it is an entirely different ballgame as he would likely be moving them twice a day for milking).

Sam Kade

Is it a driveway or a garden that the cattle will be going over? If it's a driveway why don't you get the farmer to put up a temporary fence while he is driving the cattle through.

meesa

This is why we draw up leases!
:rolleyes:
"When we went to the agent to sign the lease, by which time all our things were in the house which had been redecorated to our wishes, there was a clause saying that the farmer who rents the fields around the house from our landlord for grazing his cattle, has a wayleave to use the drive and if the gate is to be locked he needs access to a key."

spockety

sorella wrote: »

When we went to the agent to sign the lease, by which time all our things were in the house which had been redecorated to our wishes, there was a clause saying that the farmer who rents the fields around the house from our landlord for grazing his cattle, has a wayleave to use the drive and if the gate is to be locked he needs access to a key.

It was too late then for us to back out.

I think this is the key. It was not too late for you to back out if you had not signed anything.

You signed anyway in the knowledge this wayleave clause was in the contract you were putting your name to..

No?

sorella

This is very Irish from the responses; still asking what a wayleave is?

NB we did not pay for the decorating and other work; this is a very old cottage and the landlord was and is very eager to have reliable long term tenants. Hence the "omission" we think.

It is way out in the boonies which suits us.

And we only saw the lease when all our things were in and we then had nowhere else to go.

We are more than determined that NO COWS will enter.

He should have told us about this of course... and the way the drive etc is here there is no way an electric fence would work.It would be less trouble for him to make another entrance from the road.

we await developments with interest.. but we still would like to know what a wayleave actually is, if anyone knows.

EKRIUQ

sorella wrote: »

This is very Irish from the responses;

I'm guessing your not. :rolleyes:

A wayleave is an interest or right over property of another and can take the practical form of a right to lay, repair and maintain water, electricity and gas pipes, cables and wires on
the lands of one for the benefit of a neighbouring landowner

Its in your lease if you signed it your bound to it if not leave.

We are more than determined that NO COWS will enter.

was going to type something witty but would probably get banned

Chinafoot

sorella wrote: »

We are more than determined that NO COWS will enter.

Well then you will be breaking the terms of the lease which you signed. Why on earth would you sign it and say nothing if it's such a problem for you?

Sam Kade

sorella wrote: »

we await developments with interest.. but we still would like to know what a wayleave actually is, if anyone knows.

I think he meant a right of way.

Jimbo

To be honest OP, you are in the wrong.

The man has a legal right ot use the drive and you are denying him this right.

If it was clearly stated on the lease you signed, you don't really have a choice in the matter.

You best bet is to come to a compromise with him.
Offer to make another entrance from the road for him instead.

The_Conductor

A wayleave is a right-of-way granted by a property owner over his/her property. It is normally used in conjunction with electricity cabling, water mains, gas pipes etc. Often a person will pay a "rent" for the way-leave, which depending on the nature of the wayleave may be extinguished by the property owner. In practise its rare that a wayleave is left in situ for considerable periods of time, as providing its exercised regularly by the leasee, they may accrue additional rights over and above those originally intended by the property owner.

Legally- you are not entitled to extinguish the wayleave- as its a seperate transaction between the property owner and the guy with cows. You are not party to this transaction.

If you unhappy with the prospect of cows crossing the property- and unable to come to an arrangement re: an electric fence etc that you are satisfied with- then you should give notice to the landlord and move.

S.

meesa

OP wrote ;"This is very Irish from the responses; still asking what a wayleave is?"
You never asked in your posts what a wayleave was!!!!
I find the `Irish` bit insulting too!!

delop

OP I think you would be best to move out....

Please dont take this as a Dig, but I grew up on a farm and a few years ago Some 'townies' move to the country side to live out some country fantasy. we had a dairy farm and as another poster said the animals were moved twice a day. Those new arrivals had no patience for the moving of animals on 3rd class roads, honking horns chasing after stragglers Panicking them ( which causes cattle to poo a lot), trying to overtake them on the road (madness and very dangerous) complaining then about the poo on the roads, Cows are fairly docile in that they are creatures of habit, so they often know where they are going and will stroll away back to their field, but if panicking them can cause a very unpredicatable situations with the farmer will be libel for if there is injury or damage.

Also animals are unpredictable, I swear almost every time my dad was away from the farm the cattle broke out, I'd nearly swear they knew it, but luckily our neighbours at the time were ok about cattle running thru their flowerbeds at 2 in the morning with me and my bros trying to gather them up. No fence will hold an animal that wants to get out and cause trouble

Another big issue was the spreading of manure on fields, yes it smells but thats how farming works...

So to sum up if your gonna make it difficult for that farmer to make his living, then maybe you would be better in a country area thats maybe more mountainous where there would be less ....

In saying all that, your landlord should have warned you of the reality on the ground, its entirely possible that you could be afraid of large animals, maybe a deal breaker..