Neighbour is pouring the river into my field. WWYD?

[Dry Rot]

DEFRA are more likely to bully OP about the state of her field.

They might try. Just turn them slightly, point towards neighbour, and FIRE!

If OP is a sufficient nuisance, they will go after the neighbour anyway as the line of least resistance.

 

[Exploding Chestnuts]

Fair enough, he sounds delightful! Time for a solicitor, it seems. Best of luck.

That is good, you have evidence of his disrespect and it is for you to keep your cool and stick to your argument.
I think you should carefully consider going down the formal complaint route ........... how much worse can things get? I am sure that his Head of Chambers wants a complaint like this like a hole in the head.
I don't agree with sending out a solicitors letter, I sent one to Lord G and he just said he disagreed, was not culpable. In spite of his expensive education he seemed to be unaware of the term "ex gratia payment", and so did his solicitor!

 

[Exploding Chestnuts]

They might try. Just turn them slightly, point towards neighbour, and FIRE!

If OP is a sufficient nuisance, they will go after the neighbour anyway as the line of least resistance.

As soon as DEFFRA and others realise neighbour is a QC they will prevaricate, they are less likely to help OP, in my opinion.

 

[foxy1]

As someone has said above, you can look at his deeds on the land registry website. You need to establish if he has any access rights to your land (unlikely if not on your deeds but worth a look)

 

[FfionWinnie]

Thank you everyone. I have enough money to be comfortable, but not enough for lawyers, so I have always been very afraid to use the law, but I think in this case I will have to in the end.

I don't want to do anything illegal, and that includes anything which might damage these delicate Hampshire chalk-streams.

Will continue with EA and the council (not sure if they have a drainage board!), but I think the press is not such a bad suggestion - if there's a chance someone might offer more emergency grazing, that would be a life-saver. Perhaps a picture of my sad children with their cute ponies all on the lawn in front of the house...

I would suggest a lawyer sooner than later. If you have "accepted" the situation for two years I'd be worried this will weaken your case. Find out where you stand legally then you will know what action you can take.

 

[TrasaM]

You really need to get yourself legal advice.

Exclusion order banning him from setting foot on your property so that any further forays onto your property will be classed as trespass it probably is already but it'll help if he is a named excluded person plus any further tampering with your property will be classed as criminal damage..

Sounds like a horrible man who thinks he can get his own way by saying I'm a QC don't you know., !

 

[TigerTail]

I would definitely be getting hold of a land agent asap, and his deeds and rOW on the land registry site - very useful things to know.

Do NOT let your self be bullied - you own the land fps!

 

[BBP]

Op, I may have missed this but where are you in the country? I'm not in the office today but will ask some questions when I get back.

 

[Cowpony]

Nothing in my deeds regarding the sluice, nor an easement for access - it can only be operated from my land!

So did he have to come onto your land to close it and attach the padlock? That's trespass isn't it?

 

[blitznbobs]

Remove padlock - it's on your land - your sluice then... Then put your own on in the opposite position... Then set up a CCTV camera on it (u can get wireless ones) if he removes your padlock on your land that's criminal damage - career over QC MAN .

 

[pennyturner]

Op, I may have missed this but where are you in the country? I'm not in the office today but will ask some questions when I get back.

We're in Hampshire


Regarding the trespass, it's only actionable if I can prove damage, which might not be so easy as he says he has a right to open the sluice.
He also says he didn't come onto my land to do it - which is only possible if he was standing in 2 feet of fast moving water at the time.

 

[niagaraduval]

Have read all of this thread, I can't give any advice on what to do but feel sorry for you. What a horrid situation to be in, I would be livid.

I hope it gets sorted soon x

 

[Polos Mum]

OP if it's the road at the bottom that is causing your field to fill up can you speak to owner of that to see if you can somehow get the water to flow over/under so it does,'t just fill.

I'd probably just block up the hole on my side of the field and be done with it - but I'm argumentative!!

 

[zaminda]

If he has a right to open the sluice, then he would need a right of access over your land. This would be stated in your deeds surely?
A friend owns some land and her neighbours have a right of access onto their bit at the bottom. This is stated in her deeds.