Issue with farmer regarding access - what would you do?

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Jingleballs

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My yard is next to a local reservoir which is owned by Scottish Water and is actually a right of way. There is a lovely track that goes halfway round the reservoir and it's great for fast work or just a nice wander.

In order to get to the track, you need to go through the forest and through a gate which takes you on to an disused road. You also have to cross a tiny section of land which is currently leased by a local farmer.

He keeps sheep on this land but makes no effort to maintain his fencing (says it's SW's responsibility) so the sheep often wander onto the reservoir track.

I used the gate a few times last year. In on instance I was approached by said farmer and told that I was not permitted to use that gate. I contacted the council who confirmed that walkers/cyclists/horse rider were permitted to use this access point and wrote me a letter confirming as much.

Last summer, I entered via the gate - farmer saw me on the track and preceeded to wire shut the gate with barbed wire and then disappeared back to his horrible wee shack at the back of the forest.

It took me 30 minutes to pull away the wire and my hands were cut to shreds. I then tried to approach his house and he fired a shot gun - not at me I might add but he could see I was very close to him - pony didn't bother but I decided to turn back.

I logged a complaint with the police and the council although nothing was done. He claimed he was shooting a rabbit.

Then the weather got nasty/pony got sick and hacking was out of the question.

Now that it's nicer again, I'd like to start using the track but the gate is firmly wired shut -although I could cut through with wire cutters.

Council access officer came and met me at the site and took pictures and promised to contact the land owner with the offer to supply a self closing gate - this was just last week so nothing has come of it yet but the farmer basically ignored all previous attempts to contact him.

On one hand, it makes me very angry that he's blocking a right of way and I'm tempted just to get my wire cutters and access the reservoir but another part of me worries that he'll lock me in again or start firing his shot gun while I'm in there. I'm not worried about myself but more about my horse getting upset.

The police have told me to log any incidents with them but I wonder is it worth the risk or should I just start using it again - maybe take someone with me on foot to make the point that I am permitted to be there and he cannot stop us?

Any thoughs appreciated!
 
agree , i would say wait until you are contacted. if you feel you have waited long enough contact them again. could you arrange to meet them when you next ride and see what he does? but make sure you have a phone with you.
hope you get this sorted.
 
It would be worthwhile contacting your BHS rights of way officer - they should be able to help and will advise you on the best way forward. In the meantime, please don't put yourself or your pony in danger.
 
I think you are safer persuing this via the council. Chase them up and make sure they act on it and they should have the power to sort this out.

The farmer sounds a bit loopy to be honest, so I would keep well away from him.
 
you are right to persure this with the council. It is a legal obligation for landowners and their tenants to maintain access on rights of way, and the council will deal with it. Unfortunately, its not a quick process. The landowner and tenant are given a certain length of time to deal with the problem, it's then checked and if necessary the deadline is re-issued. This can happen (i believe) 2 or 3 times before the council can take any other actions. at this point they may take those involved to court, or they may "invoke other powers" whatever that means.

My dad got into trouble as he unintentionally made a stile less accessible whilst he was refencing a paddock. The weather changed before he could take the old fence out, so the stile was double fenced and quite awkward to negotiate. The council told my dad to sort it or they would, so he told them to do it with a chainsaw as his was broken.
 
I'd say always take someone else with you plus camera or cam recorder, even just walking to the gate. He's got away with shooting at you once he may try again. If the council don't give you any joy after a month or two try the local paper.
 
He sounds like a charming individual - get onto the BHS Scotland and harrass the council as well.

And I agree with Johnrobert, try to take someone with you whenever you go that way.
 
Thanks all - yes I fully intend to let the council take the lead however the access officer was very open about ho limited thier support could be due to budget restrains and lack of senior support within the council.

As I understand it Scotland have lost their BHS access officer also so not much help there.

Will wait a few weeks and chase the council - I just hate being bullied by people!
 
If he is the tennant, try a letter to the landlord perhaps? Presumably he is breaching the terms of his tennancy if he is going against the 'rules' regarding use of the land.
 
Definately use the council etc to sort this out. TBH he sounds quite dangerous and being in the right isn't much comfort if harm comes to you or your horse. Just persevere and think how annoying you are being! the only thing I would do is to regularly go up, take pictures (dated) of the gate and then cut off the wire (with someone with you!).
 
is he a tennant of scottish water?

we have a similar situation with environment agency land which we are entitled to use using a permit system. Farmer on one side of the river (its actually a long straight reservoir technically!) is not happy with us now being allowed to access that side and has requested that a the new easy open bridleway gate has a padlock on it. As we have permits we have the code but is a bit of a pain to have a lovely easy open gate that we now have to get off for. Though the lovely environment agency have suggested providing mounting facilities but as frank is only 14.2 I'm ok.

So I think my point is if scot water allow you access and he is there tennant I would also take it up with them.
 
You can serve a section 51 summons under the Highways Act at the magistrates court this costs you nothing a council will not challange that as it is a statutory responsibility. Speak to the local Ramblers Association for support. When the chief executive gets this it will concentrate his mind on the problem. Scottish law may be slightly different. The BHS rights of way department should help you. Never forget that farmers can be prosecuted for stalking if they give you grief while riding on a ROW
 
Because I am an awkward git I would be going armed with camera, OH and a pair of wire cutters on a regular basis...taking dated photos before cutting off the wire and using the gate. And informing the authorities every time I had to do this. :cool:
 
If you are in Scotland then the laws are different and I would contact your Scottish National BHS Committee Access Officer who is Roger Searle on Tel: 01339 755520 and will be only to pleased to assist you.

I would also contact the landowner who owns the land that the farmer leases and advise him of the problems you are having.

If the farmer uses the gun again then contact the local police firearms officer as they would treat the discharging of a firearm in this manner very seriously.
 
Under the Land Reform (Scotland) Act you have a right of responsible access (the so-called "right to roam"). But the statutory duty is on your local Council to enforce it. At least the officer in charge is being helpful. I don't like the shotgun thing but good luck with complaining about it - I had problems with a neighbour in East Lothian who harassed me and my OH when we bought and did up a house he had had his eye on (and tried to get cheaply by scaring everyone off) and he issued death threats against a third party tradesmen and still the Chief Constable wrote back to me that he saw no reason to question his gun license!

Councils vary hugely in their enforcement of the right to roam. Midlothian is utterly useless - their officer in charge isn't dedicated and has a very rudimentary knowledge of the legislation and an unhelpful, arrogant attitude, while OTOH Perth and Stirling Councils have taken legal action to enforce blocked rights of access. Google the Snowie case under right to roam for info.

I suppose you could technically take out an interdict against the farmer from approaching you or harassing you or blocking the gate but perhaps not the most obvious recourse.

It would irk me too though, and I would tend to still use it, but always with a witness present too.

Its so difficult in Scotland to find any off-road tracks to ride or run on; there are plenty of hill paths but we don't have many bridleways or public footpaths here at all. My local council is more interested in building off-road cycle tracks with car parks that you drive to than keeping open traditional and really quite ancient tracks that have become disused and blocked by landowners.
 
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