Right of Way - not a legal question

reluctantly agree

There's a right of way on the edge of our land which leads to a larger tract of land.

Farmer 1 has access to it, to get his livestock to his fields.
Farmer 2 has access as well for the same reason.

Farmer 2 owns sheep and cows which, when using the right of way, trample, eat and generally destroy my newly planted greenery, despite being at least 20 metres from the right of way boundary.

Any ideas on how to deal with Farmer 2? I fantasise about hiring a group of 12 Dobermans to just sit there quietly watching (intimidating) as he drives his animals through and across my land.

by the way, the right of way must be at least 6 metres wide, enough to drive a few animals through without getting lost in others' land.


I would dearly love to buy out the right of way. Does anyone know if this is possible
in Ireland?

thanks in advance. I'm looking for some advice on how to not get into a wrangle with a neighbour who simply won't listen despite being graciously asked at least 5 or 6 times.

my3cents

Haha!

seamus

Put up a fence along the right of way boundary so that access is retained but the livestock can't get near your plants. Since the land along the right of way is functionally useless to you, you may as well fence it off so that the boundary is clear.

Peregrinus

You can buy out the right of way, like any other property right, if the owner is willing to sell it to you - which he will be, if you offer him enough money. But in the circumstances you describe that's likely to be a large amount of money.

A cheaper solution may be to erect stockproof fence, or plant a stockproof hedge, to separate the land subject to the right of way from the land not subject to it. This is probably more practical than the "12 Dobermans" idea, given that "just sit there quietly" is not really what a Doberman does when another animal comes into what it regards as its territory.

my3cents

OP, in this "not a legal question" where is it stated that there is a right of way and what does it actually say?

reluctantly agree

my3cents - the RoW is in our deeds, and to be used for agricultural purposes, carts, horses, etc. It's in old legal speak (our house is about 120 years old).

My wife spoke to the farmer's son again yesterday and it seems there may be some progress. The father is about 80 years old and half deaf, maybe he didn't hear us the first time(s). His son was very accommodating. thanks to everyone for their replies.

my3cents

reluctantly agree wrote: »

my3cents - the RoW is in our deeds, and to be used for agricultural purposes, carts, horses, etc. It's in old legal speak (our house is about 120 years old).

My wife spoke to the farmer's son again yesterday and it seems there may be some progress. The father is about 80 years old and half deaf, maybe he didn't hear us the first time(s). His son was very accommodating. thanks to everyone for their replies.

I've read a few of those RoW's in deeds (when they've come up in local planning permissions) and also wondered where the 6 meters comes into it. If its old legal speak they wouldn't have been thinking about access for something as big as a combine harvester.

I'm assuming this RoW is across what is in effect your garden?

The only problem I can see is the sheep because you can't keep them back with what would be my solution an temporary single strand electric fence.

Using shrubs and trees you could easily hide some permanent electric fence posts from the view of the house and just run out the wire (pig farms often use a wind up wire system) when you get notice that animals will using the RoW. I say get notice because I'd happily padlock the entrance and open it whenever requested in order to try and gain some control and having time to put up the electric fence would be a good reason excuse. Its give and take you are taking back control but giving the free fencing. Don't forget if the animals stray off the RoW you can send in a bill for any damage, not something you want to do with neighbors because of the ill will it causes.

I don't know if the local hunt use the land near you but they might also try and use the RoW which would be another reason I'd have for securing it.

On the local RoW's which are also access tracks to houses the worst problems are tractors driven over them in winter, which leaves them in a right state.