People trespassing on land?

Paint Me Proud

Paint Me Proud

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Need some musings on an issue our family have.

The family own a 12 acres plot of grazing/agricultural land that is next to a family members house which is currenty unoccupied. The land is bordered on two sides by house gardens, one side if more fields and the forth side is a cricket club.

We have a farmer who rents it yearly (for a tiny sum, he's laughing all the way to the bank!) to graze cattle on and make hay.

We have recently become aware that the locals are using our fields for dog walking and general free acess. Some of the gardens backing onto the fields have also installed gates to our field so they can access it.

The family made 'no trespassing' signs and put them up on all access points and next to the garden gates, but ALL have been removed.

We have actually encountered people on our land and asked them to leave but have on more than one occassion been shouted at and told we were unreasonable as 'we have always walked here'!

So I was wondering if those of you who are more aware of rural land issues could give me some pointers on what we could do to prevent trespassers?

Thanks
 
Write to them all, giving them x amount of weeks to remove gates and reinstate boubdary, otherwise you will do it and pass on the cost to them.

Erect large "no public access" signs and document them with dated photos etc so they cannot claim a right of way. Other than securing the perimeter there isn't much more you can do without seeking legal assistance.

The farmer as the tenant should also be actively discouraging the trespass, and you must make sure the land is registered to stop any potential encroachment. I sympathise - why do people think they have a right to every bit of open space?
 
I had this problem when I bought my farm. Local dogwalkers had got used to using my 3rd and 4th fields as a park. I confronted them regularly on foot, in ny tractor and on horseback. I put up signs and CCTV and they eventually stopped. One persisted for a while and used to park his van in the entrance to these fields until I confronted him and told him that the next time it was there I would stick my tractor's baling spikes through it and put it on my muck heap.
 
Depends how popular you wish to be as there are several remedies open to you ! firstly block all gateways created onto your land there are different means of doing this ,but avoid interfering with their fences or gates as you will leave yourself open to criminal damage action hopefully this would give the message that you are serious and back this up with a general letter to all the people using it reminding them it is private land. Now it gets more tricky take out a civil action against the perpetrators to gain an injunction to stop them entering your property! Under civil law you are entitled to use whatever reasonable force to remedy a tresspass that you need to so in theory if they ignore you physically removing them is a legitimate route to take but this is fraught with danger if you are not careful in the way you proceed.
Does your farmer tenant have any cow slurry as we find a good plastering usually has the desired effect
 
We have similar issues - our property backs on to a private wood, which we rent. Footpath runs along side - clearly marked gravel path and fenced off or bushes which have the odd gap.
We have a pond - we regularly find picnic rubbish, tea lights and plastic bottles, remains of fires, travel rugs and even a push chair. Horse rider has been down the drive (poop in evidence), people walking through our garden, picking our daffodils,scrambler bikes cutting through (destroying the bluebells) and quad bikes ( memorable as seven quad bikes came down one snowy night, when husband was out, I confonted them. They said they thought they could get through to the footpath by driving down our drive - we do have a gate to the footpath but it's padlocked and it's our gate!!).
It's a nightmare. We put up signs which have been removed several times.
If I see people I confront them but a lot goes on and we are unaware.
You have my sympathy - it's so frustrating and irritating.
 
I confronted someone in my field recently, and got absolute hell and threats from her. She was in her underwear and quite big. Turns out she was on drugs, and was using our land to hide stuff she stole from an old severely disabled man in one of the properties backing onto our land. 3 times in one week.

You really should try blocking their gates, but, as stated, without touching them. You can only take legal action if they do harm/damage, which I guess they are. Good luck
 
I'd put a fence across inside the gates or even a couple of strands of electric fence however I think the 'proper' way to deal with this would be to write and ask them to reinstate the fence and remove gates as RTE says
 
This is why, in our search for an equestrian property, I won't touch anywhere that backs onto gardens! WHY are people so arrogant? I viewed one place where the land was glorious but again, it backed onto houses and people had installed gates for access straight onto the yard (the place had been empty for a while as the owner had died) and it was COVERED in dog mess! Of course, the estate agent did his best to assure me it was completely private and it was my imagination telling me that locals were taking the piss. I think the slurry is a good idea, failing that, how about a very aggressive bull and then you can send them all a matador costume for the next time they want to go walkies? I really wish the law would get tougher with trespassers, the amount of responsibilities and liabilities a land owner has is huge and yet it seems people can behave as badly as they like while trespassing and nothing can be done. And if they get hurt, they can claim compensation from landowners - so they get paid for being ignorant and stupid! Sorry, rant over.
 
thanks for the replies.

The problem is that the land is an hour away from all the family so we only go infrequently, and no-one else in the family is really that fussed about it tbh, they tried with the signs but it's just a hassle as we all work full time.

I'm just worried that if a time comes we do want to utilise the land for stables/livery etc people may think they have a precedent to walk there.
 
When I first moved her a couple used to let their toddler wander into the paddocks when I pointed out it was a really bad idea they said horses are gentle , their dog an aggressive labrador dog used to get in between me and the yard and growl so I could get to do the horses .
I sorted the dog with a lunge whip but we had to send lawyers letters about the child .
 
Paint Me Proud said:
thanks for the replies.

The problem is that the land is an hour away from all the family so we only go infrequently, and no-one else in the family is really that fussed about it tbh, they tried with the signs but it's just a hassle as we all work full time.

I'm just worried that if a time comes we do want to utilise the land for stables/livery etc people may think they have a precedent to walk there.
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They may well gain rights of access if they have been exercising them long enough ,you really need to get some proper advice .
 
As above, but try to get a shooting syndicate to go out every Sat am
I think you have to assume you are in the right and they are in the wrong.
They need to prove their rights.
 
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I would follow RTE's suggestions, then follow it up with a solicitor's letter if need be. I would also think about losing the farmer's rent and ploughing the field as close to their gates as possible, mixed in with a load of manure - make it a lot less fun to walk their dogs in. If they persist I would be dumping a load of haylage bales along the fence line in front of their gates. Make it hard work for them to persist in trespassing. It sounds as though you really need one of the family living there.
 
The fact you're so far away probably makes things harder, as the neighbours will know that there is no owner present and so will feel like they have free rein to do as they please. Would CCTV be an option, do you think? I'm sure exercising your dog on someone else's land can't be half as much fun if there's a big camera pointed at you!
 
Paint Me Proud said:
thanks for the replies.

The problem is that the land is an hour away from all the family so we only go infrequently, and no-one else in the family is really that fussed about it tbh, they tried with the signs but it's just a hassle as we all work full time.

I'm just worried that if a time comes we do want to utilise the land for stables/livery etc people may think they have a precedent to walk there.
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Which is why you need to document your attempts to stop access properly to stop anyone creating a stat dec for a public right of way over your land.

Remember you have a duty of care even to trespassers so be very careful of taking advice regarding barbed wire and shot guns (not a good idea in a residential area).

Lots of letters (keep copies and send with proof of postage) showing your attempts to stop the trespass and do make sure you have their access gates removed ASAP.
 
Also, I think you need to block access to the field. I know you say that some of the neighbours have installed gates so they can access it - can you put up another row of fencing just beyond the gates, preferably with electric wire, and then padlock the gate? My sister and I keep our horses on a farmer's field in a small village - it is right on the road and I did wonder if any of the neighbours might have a tendency to go wandering about in it, but the mains electric fencing and padlocked gate seem to keep everyone out.
 
You could try the Parish Council. Write to them expressing your concerns, pointing out that there are no public rights of way on or across the land, you hold no public liability insurance for the recreational use of the land and that as you intend to use the land for livestock in the future, you don't want the land contaminated with dog mess, garden clippings or litter etc.

A polite but firm stance IMO would be best at this point. Give it a month or two, then go for the jugular.
 
We had a similar problem. Our field is up an unmade track off a narrow public highway. Someone who lived nearby was forever walking up the track and through the fields. We asked repeatedly for him to desist but he continued until the last time I met him with his daughter and said if I found him walking on our land again, I would take my dog for a walk round his garden - haven't caught him on our land since.
 
Cobbytype said:
You could try the Parish Council. Write to them expressing your concerns, pointing out that there are no public rights of way on or across the land, you hold no public liability insurance for the recreational use of the land and that as you intend to use the land for livestock in the future, you don't want the land contaminated with dog mess, garden clippings or litter etc.

A polite but firm stance IMO would be best at this point. Give it a month or two, then go for the jugular.
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If OP's family don't have liability for the land they are mad so not sure what good lying to the parish council would do.
I am not sure what you think the parish council would do about this.
I would be sending lawyers letters ASAP.
The letter we sent sorted our issue however it did nothing for neibhourly relations but OP does not need to worry about this .
I am liking the walking the dogs through the garden idea.
 
I would look at getting a proper tenant farmer in. If the house is in good repair or can be made so, then it would probably yield a better income let together with the land as a small tenanted farm. Having someone living onsite is a pretty good start to detering locals from taking the p*** as is getting a solicitors letter drawn up stating no public rights of way exist accross the land and any access gates that have been added without permission to your boundary, must be removed within 30days of the date of the letter or legal action will be taken. A good property solicitor can draw you up a letter that you can make multiple copies of distribute. Reinstate the no tresspassing signs and take photos of the dates they are installed/ get a receipt for their instalation. If they are removed and you can find out who removes them, you can persue them for damages. Putting up proper stock fencing all along the boundary with barbed wire on the top might be expensive but it is a good idea as its perfectly accpetable means of protecting the boundary and would back up your message that the land is not there for other people to jolly about on. If you have any livestock on the land you are also within your rights to put up notices stating that dogs may be shot if they pose a threat.
 
There have been several good suggestions, and in my experience you have to get tough and don't mind about not being popular. You don't want to risk any rights being established.
Should the time ever come when you do need and use the land it will be history by then.
I think the internal fence - a strand of barbed wire on the boundary might be a good one.

As for the farmer - depends on what sort of tenancy agreement there is, but you can always look into putting up the rent.
In fact, if you think you might want the land at some stage I would look into what sort of agreement there is pretty quickly.
 
kez81 said:
I would look at getting a proper tenant farmer in. If the house is in good repair or can be made so, then it would probably yield a better income let together with the land as a small tenanted farm.
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The house isnt a little farm house though it's a big mansion, lol! It is due to be sold this year anyway (not with the land i add) so that's not really an option.

Even when the family member was living here the fields are up behind the house so you cant tell anyone is on them unless you are up there yourself.

I will suggest the solicitors letters to the family. And it hink we should replace the no trespassing signs

We were advised that barbed wire is a very bad idea as there is risk of injury that could be blamed on us (one family member is a solicitor).
 
Muck
Spread preferably with the bottom of the slurry pit ( have a chat to the local farmers I'm sure one will oblige) either that or borrow a bull or two.
 
Goldenstar said:
If OP's family don't have liability for the land they are mad so not sure what good lying to the parish council would do.
I am not sure what you think the parish council would do about this.
I would be sending lawyers letters ASAP.
The letter we sent sorted our issue however it did nothing for neibhourly relations but OP does not need to worry about this .
I am liking the walking the dogs through the garden idea.
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I said PL Ins. for 'recreational use' of the land [by others]. I was under the impression that the land was agricultural.
By writing to the P.C., it is on the public record - will show in the minutes of the Parish Council meeting and will probably be published on the village notice board or in the village newsletter. It makes it very difficult for trespassers to say they were not aware of any objection to the use of the land, should OP need to take the legal route at a later date.
 
Cobbytype said:
I said PL Ins. for 'recreational use' of the land [by others]. I was under the impression that the land was agricultural.
By writing to the P.C., it is on the public record - will show in the minutes of the Parish Council meeting and will probably be published on the village notice board or in the village newsletter. It makes it very difficult for trespassers to say they were not aware of any objection to the use of the land, should OP need to take the legal route at a later date.
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A farmer will have third party liability to cover accidents when people 'stray' onto their land unless they like playing Russian roulette with everything they own .
If not the job of a parish council approach the householders ,the cost of that has to be born by OPs families business.
And Ops family would run the risk that some bright spark in the parish council thinks the householders have established a right and points that out to them ,it's sometime which they may have done already .
The biggest thing that would worry me is the planning meltdown that will occur if OP applies for change of use from agriculture to an equine business , I can't see a way OP can get through this with losing goodwill that might smooth a future application .
 
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