Banned from riding down our driveway?

Hi all if you remember my post from before I have cheekily ridden down the driveway twice since the neighbours complained once on new years day and then a few days later again but not since then. The neighbours have presented a petition to owner of field I rent! I have asked that the ring leader rings me as I have never spoken to them and I'd like to know their reasons for it being so awful that I ride down the drive.

So please can you give me some good arguments as to why it is acceptable? I have my own public liability insurance if this is the reason.

Thanks
 
chestnutx said:
Thanks for all your replies. I agree it is so frustrating with the townies but problem is I pay a tiny amount of rent for my field and the residents payed millions for their houses!

Hopefully we'll get the new access sorted and then roll on summer!
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So? That doesn't mean we all have to bow down to someone...!
 
a) You have a right to be there using access (I assume there are proper access rights). Don't enter money into this at all, makes sod all difference whether you pay 50p or 5k a month.

b) You have public liability and as such are not posing any adverse risk to anyones property

c) Horse Riders are classed as vulnerable road users - it would be ridiculous to put yourself in a more dangerous situation

d) You have stated that you will be clearing up after the horse

I'd be half tempted to offer them to come over for a cuppa and meet the horse. Be as friendly as possible but firm and rational.

I would be put out with the farmer right now though. If he has rights to access he shouldn't even be entertaining their comments
 
My horses are kept in a small village and me and my family are well known for it- always out and about on the horses so the local kids know us and always say hi.

It is a very horsey village and there are around 6 yards all within a small area! Recently a few families have moved from town/city and have been quite nasty to me whilst out hacking about my horses leaving muck on the road. I was told it was 2012 and horses should not be allowed on the roads either..

I have had a few people telling me I should pick it up like dog walkers (to which I reply that I will the day people are provided to hold my horse and regular bins are situated around the road with poo pickers attached :D ) . I do think it was very out of order when I got a mouthful of abuse from a young couple while I was leading out a 6 year old girl I childmind. I told them that their language was far more foul than my horse's muck on the road..

It's nice to bump in to the horse friendly families who stand waiting with a carrot outside the houses! If people don't like country life, then why move to the country? I'd say use the access and just stay friendly and polite to the residents, no point causing arguments. if they try to start an argument then you will have plenty of good reasoning
 
And what can happen if you continue to ride up and down the drive? What law says that you cannot?

I agree that it would be an uncomfortable situation to be in, but until you have another access from the field you are going to have to use it.

Can you find out exactly what the householders are objecting too? Do they think you are peering into their windows? How can they think there will be an accident - do they want to dent their car by driving into you? It would be the same as sayin that children couldn't ride a bike in the driveway.

Can't add any more useful advice, but I really feel for you in this situation.
 
Mmmm, think you need to do some homework BEFORE you enter into discussion with the residents.

I'd try the local authority and see whether they class this route as a public highway and/or exactly what it is designated as, i.e. who may use it, what class of vehicles etc etc.

Failing that I'd try the BHS helpline.

But whatever, think you need to do some research into this if you can.
 
If it was used for a long period of time in the past without a break of more than a year surely you can use it? I cant see how they can stop you if its always been used ie without interruption. We have people round here make it up as they go along to suit themselves.

Its really up to the farmer ie will he refund you your rent now? Perhaps if he wont support you he will have to pay up. He then has a unrentable field. Most people renting a field will need to use an access. I would just continue and use as if its a right already. The house owners will need to prove you dont have aright etc.

We have had more problems with ROWs when more newbies realised their rights and enforced different laws that no one else bothered with for years. As farm buildings have become dwellings old ROWs access have been changed, downgraded and sometimes lost. We have right prim and proper adjustments to our ROWs some good, some not good due to interference. I wish they would just leave everyone alone and get along. I liked my muddy animal ridden countryside! Thats what I enjoy not twee villages etc.
 
Is there any way you can check the title deeds to see if the farmer has a right of way over this driveway?

If not, I'd be tempted to tell them until you're served with an injunction prohibiting you from riding on the drive you'll carry on lol :o but I'm an argumentative sod.

Until they can prove your usage of the drive is unlawful there's nothing they can do other than moan. The local council will be able to tell you if the driveway is a public highway maintained by the council, or a private road.

If its public then that bodes well for you if its private you'll need to prove the farmer has a right of way to use it through the deeds :)

Good luck xx
 
That's awful, I can't believe they're doing a flipping petition! I think you need to have words with this farmer, he should be able to tell you if you are allowed or not and if you aren't then he should be able to at least try to mediate and come to some sort of arrangement.
 
I would suggest that maybe this had nothing to do with you but all to do with the residents not wanting more development (does NIMBY spring to mind???)

Therefore they have to challenge your right, to ensure that the farmer doesn't have access rights, so devalues his land.

I would suggest that it is strongly in the farmers interest to protect his rights and therefore potential development value of the land.

Well, thats the argument I would be putting forward anyway!!!
 
Just a word of caution, if you don't pay much rent, the farmer may decide this is hassle he doesn't need.

Whilst I agree neighbours are petty, they appear to have some sway with the farmer
 
chestnutx said:
Hi all if you remember my post from before I have cheekily ridden down the driveway twice since the neighbours complained once on new years day and then a few days later again but not since then. The neighbours have presented a petition to owner of field I rent! I have asked that the ring leader rings me as I have never spoken to them and I'd like to know their reasons for it being so awful that I ride down the drive.

So please can you give me some good arguments as to why it is acceptable? I have my own public liability insurance if this is the reason.

Thanks
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A petition is a good thing , it usually means that they want something but dont have an automatic legal right to it. Im suspicious as if they did have the legal right to ban you and given how stroppy they are being, you would think they would just have gone straight for solicitors letter.

Its fairly black and white tho. Either the farmer has a ROW over the private track (which I imagine it is) or not. He/you need to find that out. If he does, you are in the clear and you can tell neighbours to do one. If he doesnt, then you have no case and they are within their rights to stop you using it.

Noone on here can really help unless this is clarified.
 
chestnutx said:
Hi all if you remember my post from before I have cheekily ridden down the driveway twice since the neighbours complained once on new years day and then a few days later again but not since then. The neighbours have presented a petition to owner of field I rent! I have asked that the ring leader rings me as I have never spoken to them and I'd like to know their reasons for it being so awful that I ride down the drive.

So please can you give me some good arguments as to why it is acceptable? I have my own public liability insurance if this is the reason.

Thanks
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You don't have to present an argument.

So simply carry on and enjoy your horse. There is absolutely nothing anyone can do about it.
 
Do the house owners use the drive to access their homes?

If they do, why, as a tenant, why should you not have the same access - by whatever "vehicle" you deem appropriate?

I would wipe my butt, and my pony's butt with their petition. In front of them. :D

But then I'd also be looking for somewhere else for my horse to live :)
 
I would check the deeds of the place your on and rights of way, also phone the council and explain the situation. they might sort it out for you.
 
chestnutx said:
Apparently the residents are worried they'll crash into me? It is no different to any other road nor any different to people walking their dogs which they frequently do!

Aargh!
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what are the residents blind?
neurotic??

then they should not be behind the wheel if there is a fear of crashing into you, how can they be allowed on the road?:rolleyes:
wear hi viz for one thing, be polite if they do slow down so as not to nark them, but carry on regardless but speak to council too.
 
Definitely take legal advice from CAB or similar to squash this. Do not start talks till you know what your right are. You honestly can not negotiate with people like this. We had new neighbours who moved next to us. Bearing in mind we were 1/2 mile down a proper farm track and there was a working farm past us...they were going ballistic at the farmer for the mud he was bringing down the track...
 
What was this track used for in the past? Is it an old farm track? Or was it specifically constructed for the new houses?

If it is as I suspect an old track - who ever owns it has taken on everything it is in perpetuity - thus if it can be reasonably presumed or proved that it has been used by horses in the past - then it is an established use and would take a lot of arguing to change!

At the risk of quoting yet another anecdote ( some folk seem to find them annoying ) - I had a guy pull me up for riding down a local grass walk - his family owned the adjoining land and were lifetime farmers yet disregarded the fact that the track must have been used by horses time immemorial. I said, he might think he was right and would like to keep the place as private as possible but not to annoy me - for at that moment I was just one man on a horse - but I could organise a mass protest of 5-600 at the drop of a hat.

He backed off.
 
amymay said:
You don't have to present an argument.

So simply carry on and enjoy your horse. There is absolutely nothing anyone can do about it.
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Of course there is - she only rents the land, its the farmer's track and he is getting hassle from his new neighbours... He could decide its a pain letting it out to her.

I would still like to know if he ever built the other entrance to your rented land - so you don't have to use the lane, like he offered before?
 
Do you have horse or horsebox insurance? If you do, read your policy wording as you may have access to a legal helpline and people who would be able to help you with this.

Just a suggestion.
 
At the end of the day the farmer simply isn't going to fight for you. It could be argued that they are preventing him earning a livelihood but I doubt the rent bumps up his income much.

I think you should look elsewhere personally. Where does this stop? You'll be getting blamed for smell and flies come summer no doubt
 
Before you do anything you need to think about how much you like being there.
As someone else said, if hes getting income from the houses, and the tennants are complaining, he might see your presence there as more hassle than its worth. As unfair as that is, and sad as it seems, id be looking around for somewhere else you can go to before you rock the boat further.
I hope you get something sorted out
 
lachlanandmarcus said:
Its fairly black and white tho. Either the farmer has a ROW over the private track (which I imagine it is) or not. He/you need to find that out. If he does, you are in the clear and you can tell neighbours to do one. If he doesnt, then you have no case and they are within their rights to stop you using it.

Noone on here can really help unless this is clarified.
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^^ This, absolutely. Establish the facts, then you know whether you have a strong foundation from which to rebutt their attempts to ban you, or whether they actually have got the law on their side in which case your options are pursue the alternative access with the landowner, or move.

We can all chip in with "I would do X" or "when this happened to me I did Y" but without knowing the legal position of this particular case, we could actually be making a bad situation worse.
 
They're probably hoping you leave so they can either badger the farmer into selling your field so they can build more houses (not an unheard of tactic), or so they can put a fluffy ponio in there of their own.
 
Can you move to another yard/field? The owner of the land seems more bothered about his neighbours than he does you. He will most likely have a ROW for himself and any visitors to the land which includes you.
 
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