Mithras
Well-Known Member
Your thoughts please? If you saw a person walking across your field, half a mile from your house. Big field, with your horses in it, not going near the horses though, just walking across it.
Person Walking Across Your Field - What Would You Do?
- Thread starter Mithras
- Start date
TinselRider
Well-Known Member
Presuming there are no public rights of way across the land........I'd set the rottweiler loose
Rebels
Well-Known Member
Regularly or for the first time? We have trouble with the right to roam brigade. That does not mean they can go where they please I go up and ask politely if you can help, wait until they look confused and explain very sweetly that its private land.
Mithras
Well-Known Member
First time they've been seen there - Scotland.
Shilasdair
Patting her thylacine
[ QUOTE ]
First time they've been seen there - Scotland.
[/ QUOTE ]
Don't you have a sign?
'Trespassers will be persecuted'
S
First time they've been seen there - Scotland.
[/ QUOTE ]
Don't you have a sign?
'Trespassers will be persecuted'
S
Enfys
Well-Known Member
Bimble up and catch them at the other end and just ask if you can help them as the field they are in, is in fact, private property. I'd try the polite approach first. Oh, and I'd take photos of any vehicle and of the walker too. Suspicious, me? Yep.
Forget the first bit, just seen, you are in Scotland, can't people do what they like, when they like there? Pain in the butt that would be
Are there limitations to the Right to Roam?
I'd still take photos.
Forget the first bit, just seen, you are in Scotland, can't people do what they like, when they like there? Pain in the butt that would be
I'd still take photos.
dieseldog
Well-Known Member
We get people on our place and I ask them if I can help and then point out that this is our front garden and it isn't nice having strange people in it.
Usually works.
Usually works.
KS1
Well-Known Member
[ QUOTE ]
Don't you have a sign?
'Trespassers will be persecuted'
[/ QUOTE ]
I heard you can only get prosecuted if you damage land or interfere with lifestock, mind I heard this about 15 years ago and not sure how it applies now.
Approaching the persons in a postitive and helpful manner may resolve things but if they continue you use your field as a short cut personnally I wouldn't worry about it unless they interfered with my horses.
When I had my horse at a livery yard up in Newcastle there was a bloke who every day came to the field and give the horses a little carrot or apple. Myself I had no problem with this as in fact he loved the horses and kept watch over them in case others tried to ride or scare them.
One lass moaned though and the YO asked the bloke not to go near the horses.
Then school kids would try to ride them with bits of all sorts.
I really felt sorry for the man and over time he was allowed back, the horses all went to him even the horrid ones that bit and kicked and the ones that refused to be caught.
Teh best thing was the school kids started to stay away.
This was a positive thing for us especially as there was a public right of way going through one of the fields.
So I'd be thinking in your situation, as long as the person is not damaging any fencing and not bothering the horses then I'd not mind. I mean one day you could have a lame horse that the person noticies and alerts you.
Don't you have a sign?
'Trespassers will be persecuted'
[/ QUOTE ]
I heard you can only get prosecuted if you damage land or interfere with lifestock, mind I heard this about 15 years ago and not sure how it applies now.
Approaching the persons in a postitive and helpful manner may resolve things but if they continue you use your field as a short cut personnally I wouldn't worry about it unless they interfered with my horses.
When I had my horse at a livery yard up in Newcastle there was a bloke who every day came to the field and give the horses a little carrot or apple. Myself I had no problem with this as in fact he loved the horses and kept watch over them in case others tried to ride or scare them.
One lass moaned though and the YO asked the bloke not to go near the horses.
Then school kids would try to ride them with bits of all sorts.
I really felt sorry for the man and over time he was allowed back, the horses all went to him even the horrid ones that bit and kicked and the ones that refused to be caught.
Teh best thing was the school kids started to stay away.
This was a positive thing for us especially as there was a public right of way going through one of the fields.
So I'd be thinking in your situation, as long as the person is not damaging any fencing and not bothering the horses then I'd not mind. I mean one day you could have a lame horse that the person noticies and alerts you.
Booboos
Well-Known Member
I would politely ask if I can help them, point out there is no right of way and suggest they avoid fields with horses as they can be very dangerous (I would walk in with my hat on).
Not sure about rights of way in Scotland though!
Not sure about rights of way in Scotland though!
Mithras
Well-Known Member
I never knew I was so tolerant. Had a phone call from a friend today about this. Her field is about 20 acres, split into two and the walker was in the upper field. I said I would just see where they went as they were probably just out for a walk in the countryside and not acting suspiciously. Seems pretty harmless. Theres a lack of public paths in Scotland which is why I guess they have the right to roam and if people didn't walk through fields they might not be able to walk at all. She was really worked up about it though and wanting to phone the police which I thought was totally OTT. Its pretty safe around this way, although its quite built up people are very tolerant of horses and theres never any "incidents".
lucythomas
Well-Known Member
I live in aberdeenshire. Im not entirely sure of right to roam rights etc but id personally put up a strand of electric fence up & a sign saying any 'trespassers' will be reported to the police as potential horse thieves. Im not a kill joy for walkers i just down want any tom dick or harry amongst my horses. Whos liable if they are hurt?
Dubsie
Well-Known Member
We get people in our fields regularly - we back on to a public park and a few dogs get in through the fencing (they have to go through 2 fences and about 5ft of bramble) or people climb across the stream and through (usually damaging) our fencing, or they climb over the gate. I just go and say 'Hello you must be lost as this is private property'
'Yes', they say, 'I'm trying to get back innto the park/road' so rather than through our back garden into the road I send them back the way they came
'oh but I can't go that way I had to get over a barbed wire fence/walk through a stream'
'Well there's no other way out so as you got over it to come this way you'll have to go back the same way you came then won't you?!'
Grrrrr
'Yes', they say, 'I'm trying to get back innto the park/road' so rather than through our back garden into the road I send them back the way they came
'oh but I can't go that way I had to get over a barbed wire fence/walk through a stream'
'Well there's no other way out so as you got over it to come this way you'll have to go back the same way you came then won't you?!'
Grrrrr
Shilasdair
Patting her thylacine
[ QUOTE ]
[ QUOTE ]
Don't you have a sign?
'Trespassers will be persecuted'
[/ QUOTE ]
I heard you can only get prosecuted if you damage land or interfere with lifestock, mind I heard this about 15 years ago and not sure how it applies now.
Approaching the persons in a postitive and helpful manner may resolve things but if they continue you use your field as a short cut personnally I wouldn't worry about it unless they interfered with my horses.
When I had my horse at a livery yard up in Newcastle there was a bloke who every day came to the field and give the horses a little carrot or apple. Myself I had no problem with this as in fact he loved the horses and kept watch over them in case others tried to ride or scare them.
One lass moaned though and the YO asked the bloke not to go near the horses.
Then school kids would try to ride them with bits of all sorts.
I really felt sorry for the man and over time he was allowed back, the horses all went to him even the horrid ones that bit and kicked and the ones that refused to be caught.
Teh best thing was the school kids started to stay away.
This was a positive thing for us especially as there was a public right of way going through one of the fields.
So I'd be thinking in your situation, as long as the person is not damaging any fencing and not bothering the horses then I'd not mind. I mean one day you could have a lame horse that the person noticies and alerts you.
[/ QUOTE ]
I didn't say 'prosecuted'; I said 'persecuted'.
Tsssk
S
[ QUOTE ]
Don't you have a sign?
'Trespassers will be persecuted'
[/ QUOTE ]
I heard you can only get prosecuted if you damage land or interfere with lifestock, mind I heard this about 15 years ago and not sure how it applies now.
Approaching the persons in a postitive and helpful manner may resolve things but if they continue you use your field as a short cut personnally I wouldn't worry about it unless they interfered with my horses.
When I had my horse at a livery yard up in Newcastle there was a bloke who every day came to the field and give the horses a little carrot or apple. Myself I had no problem with this as in fact he loved the horses and kept watch over them in case others tried to ride or scare them.
One lass moaned though and the YO asked the bloke not to go near the horses.
Then school kids would try to ride them with bits of all sorts.
I really felt sorry for the man and over time he was allowed back, the horses all went to him even the horrid ones that bit and kicked and the ones that refused to be caught.
Teh best thing was the school kids started to stay away.
This was a positive thing for us especially as there was a public right of way going through one of the fields.
So I'd be thinking in your situation, as long as the person is not damaging any fencing and not bothering the horses then I'd not mind. I mean one day you could have a lame horse that the person noticies and alerts you.
[/ QUOTE ]
I didn't say 'prosecuted'; I said 'persecuted'.
Tsssk
S
Mithras
Well-Known Member
Even before the right to roam, in the Lothians its kind of always been respected that you could walk or even ride in the countryside as long as you stuck to the edges of arable fields, or stubble fields, or went through fields with livestock very carefully. Seems a bit mean to me...
Shilasdair
Patting her thylacine
[ QUOTE ]
Even before the right to roam, in the Lothians its kind of always been respected that you could walk or even ride in the countryside as long as you stuck to the edges of arable fields, or stubble fields, or went through fields with livestock very carefully. Seems a bit mean to me...
[/ QUOTE ]
A serious answer now - I agree with you - as long as a walker/rider is respectful of the land, and livestock, I see no reason at all to stop them.
In fact, as a walker myself, I have rescued a horse who had got his front leg stuck in sheepnet.
And if your friend had an accident walking or riding, she'd be more than glad of a walker's assistance.
S
Even before the right to roam, in the Lothians its kind of always been respected that you could walk or even ride in the countryside as long as you stuck to the edges of arable fields, or stubble fields, or went through fields with livestock very carefully. Seems a bit mean to me...
[/ QUOTE ]
A serious answer now - I agree with you - as long as a walker/rider is respectful of the land, and livestock, I see no reason at all to stop them.
In fact, as a walker myself, I have rescued a horse who had got his front leg stuck in sheepnet.
And if your friend had an accident walking or riding, she'd be more than glad of a walker's assistance.
S
Kenniford
Well-Known Member
would take two big doggies for a nice walk! for a nice chat!
christi
Well-Known Member
Im in Scotland aswell and on a few occasions ive found folk walking through my fields and even my gardens ! but there is not much that can be done due to acess rights, right to roam etc in Scotland. i find being polite and letting them know its private property ,horses in the fields the danger they could cause to them or their children,dogs,etc . does the trick .....
AengusOg
Well-Known Member
[ QUOTE ]
I live in aberdeenshire. Im not entirely sure of right to roam rights etc but id personally put up a strand of electric fence up & a sign saying any 'trespassers' will be reported to the police as potential horse thieves. Im not a kill joy for walkers i just down want any tom dick or harry amongst my horses. Whos liable if they are hurt?
[/ QUOTE ]
Don't be ridiculous. You could get yourself into trouble with that sort of attitude. You'd do well to aquaint yourself with the law.
There is a Countryside Access law in Scotland. This allows people, provided they behave responsibly, to have a right of responsible access to the countryside.
That basically means that, as long as they respect other land users' privicy and livelihoods, they can more or less go where they like.
Illegal signs will cause more trouble than you need. Not to mention wasting police time. There is no such thing as trespass in Scotland.
Remember that none of us really own anything.............we're only here for a very short time.
I live in aberdeenshire. Im not entirely sure of right to roam rights etc but id personally put up a strand of electric fence up & a sign saying any 'trespassers' will be reported to the police as potential horse thieves. Im not a kill joy for walkers i just down want any tom dick or harry amongst my horses. Whos liable if they are hurt?
[/ QUOTE ]
Don't be ridiculous. You could get yourself into trouble with that sort of attitude. You'd do well to aquaint yourself with the law.
There is a Countryside Access law in Scotland. This allows people, provided they behave responsibly, to have a right of responsible access to the countryside.
That basically means that, as long as they respect other land users' privicy and livelihoods, they can more or less go where they like.
Illegal signs will cause more trouble than you need. Not to mention wasting police time. There is no such thing as trespass in Scotland.
Remember that none of us really own anything.............we're only here for a very short time.
Luci07
Well-Known Member
question for you scottish bods - as people have the right to roam - is it at their own risk? in England, if someone trepassed/broke into your property and hurt themselves (dog/horse whatever) - the law states that you as owner are liable UNLESS there is a huge sign saying danger due to whatever.... just interested as I could not believe this to be true when told!!!
Mithras
Well-Known Member
In Scotland, the rule of the owner being strictly liable for their animals applies, as in England and Wales. Like if a burglar (technically "hamesucker" in Scotland!) breaks into your house and injures themselves, they could in theory attempt to sue you! Obviously, there are defences to such claims.
Tharg
Well-Known Member
[ QUOTE ]
Remember that none of us really own anything.............we're only here for a very short time.
[/ QUOTE ]
So I can let myself into your home and help myself to tea and biscuits, or I may raid your greenhouse/flowerbed.
Since noone really owns anything in Scotland what kind of tax do you pay?
Remember that none of us really own anything.............we're only here for a very short time.
[/ QUOTE ]
So I can let myself into your home and help myself to tea and biscuits, or I may raid your greenhouse/flowerbed.
Since noone really owns anything in Scotland what kind of tax do you pay?
Mithras
Well-Known Member
[ QUOTE ]
[ QUOTE ]
Remember that none of us really own anything.............we're only here for a very short time.
[/ QUOTE ]
So I can let myself into your home and help myself to tea and biscuits, or I may raid your greenhouse/flowerbed.
Since noone really owns anything in Scotland what kind of tax do you pay?
[/ QUOTE ]
Lots! No really its Council Tax just like the rest of mainland Britain and income tax, etc..
I think the right to roam was introduced because Scotland has so much uninhabited moorland and hill land owned by very few people and Scandinavian countries which are similar have unlimited access. So a right of responsible access was created. Traditionally, it was never a problem as responsible public access has usually been tolerated - as a child I used to roam all over the countryside on my pony and on foot and knew to stick to field edges or stubble fields and it was just accepted. But as new landowners appear they have closed off access and Scotland doesn't have many public bridlepaths or lanes compared to England. And near towns and villages, you can see how people might like to walk alongside fields because theres nowhere else to walk, except roads! The right to roam doesn't extend to people's garden ground.
If I had land, I don't think I'd have a problem with someone walking across my horse's field, unless it was a very small field close to my house. As long as they were just out for a walk in the countryside and going across it from one place to another and not using it as a regular shortcut or loitering suspicously. Thats sort of thing is still respecting someone's right of ownership.
My friend actually got into a right barney with the walker and ended up shouting at him, sounded like he was quite polite but insisted he had the right to keep going, and did. Friend is adamant she is going to phone the police and complain but I told her the police wouldn't exactly thank her.
[ QUOTE ]
Remember that none of us really own anything.............we're only here for a very short time.
[/ QUOTE ]
So I can let myself into your home and help myself to tea and biscuits, or I may raid your greenhouse/flowerbed.
Since noone really owns anything in Scotland what kind of tax do you pay?
[/ QUOTE ]
Lots! No really its Council Tax just like the rest of mainland Britain and income tax, etc..
I think the right to roam was introduced because Scotland has so much uninhabited moorland and hill land owned by very few people and Scandinavian countries which are similar have unlimited access. So a right of responsible access was created. Traditionally, it was never a problem as responsible public access has usually been tolerated - as a child I used to roam all over the countryside on my pony and on foot and knew to stick to field edges or stubble fields and it was just accepted. But as new landowners appear they have closed off access and Scotland doesn't have many public bridlepaths or lanes compared to England. And near towns and villages, you can see how people might like to walk alongside fields because theres nowhere else to walk, except roads! The right to roam doesn't extend to people's garden ground.
If I had land, I don't think I'd have a problem with someone walking across my horse's field, unless it was a very small field close to my house. As long as they were just out for a walk in the countryside and going across it from one place to another and not using it as a regular shortcut or loitering suspicously. Thats sort of thing is still respecting someone's right of ownership.
My friend actually got into a right barney with the walker and ended up shouting at him, sounded like he was quite polite but insisted he had the right to keep going, and did. Friend is adamant she is going to phone the police and complain but I told her the police wouldn't exactly thank her.
millitiger
Well-Known Member
we used to get this sometimes and i would take the 2 dogs out with me and politely go and tell them that they were on private land and direct them to the quickest way out of the field.
i don't mind people walking if they aren't causing damage but it is very hard to tell who is out for a sunday stroll and who is eyeing up the horses/stables for a bit of midnight thieving.
also i have very playful youngsters who could cause a lot of damage to unhorsey people/dogs.
best for everyone if people stay off private land (but i live in England and don't really understand the Scottish law).
i don't mind people walking if they aren't causing damage but it is very hard to tell who is out for a sunday stroll and who is eyeing up the horses/stables for a bit of midnight thieving.
also i have very playful youngsters who could cause a lot of damage to unhorsey people/dogs.
best for everyone if people stay off private land (but i live in England and don't really understand the Scottish law).
MrWoof
Well-Known Member
Remember that none of us really own anything.............we're only here for a very short time.
So I can let myself into your home and help myself to tea and biscuits, or I may raid your greenhouse/flowerbed.
I am not going to mince my words on this subject.
So, those who have actually paid hard cash for property and have the Deeds, free of any lien, do not "really own anything"?
If townies actually respected what country folk own, there would not be a problem.
When we were farming, we had a problem for many years with one particular townie family coming in and picking our Mushrooms.
Not some - but ALL of them - every day.
So what did Daddy do when his patience was finally exhausted?
He went to town and picked the roses, flowers and vegetables in their garden!!
When they objected (quite violently one day), he explained the obvious.
This went on for two more years and then we never saw them again - nor did we hear of our neighbours' fields being raided.
Also, a friend of mine's father spent nearly five hours separating young beef cattle.
Half-witted townies then walked through, leaving all the gates open. Back to square one plus various out on the road.
If you townies want access to rural acreage - then either respect it or go and buy it.
So I can let myself into your home and help myself to tea and biscuits, or I may raid your greenhouse/flowerbed.
I am not going to mince my words on this subject.
So, those who have actually paid hard cash for property and have the Deeds, free of any lien, do not "really own anything"?
If townies actually respected what country folk own, there would not be a problem.
When we were farming, we had a problem for many years with one particular townie family coming in and picking our Mushrooms.
Not some - but ALL of them - every day.
So what did Daddy do when his patience was finally exhausted?
He went to town and picked the roses, flowers and vegetables in their garden!!
When they objected (quite violently one day), he explained the obvious.
This went on for two more years and then we never saw them again - nor did we hear of our neighbours' fields being raided.
Also, a friend of mine's father spent nearly five hours separating young beef cattle.
Half-witted townies then walked through, leaving all the gates open. Back to square one plus various out on the road.
If you townies want access to rural acreage - then either respect it or go and buy it.
Shilasdair
Patting her thylacine
I think there is a clear misunderstanding of the differences legally and culturally between England and Scotland here.
The right of access has always been traditional in Scotland - and there is little conflict between landowner and walker/rider.
If it is stalking season, or there are forestry operations going on, notices are erected to that effect, and the routes (if to a particular Ben) diverted appropriately.
Obviously as a rider, we know not to go in with particular livestock or crops at particular times of the year, and we respect this.
My father was a keen hillwalker, when he was younger, and never once had any conflict walking in the hills - on the contrary he would often enjoy a thermos tea with ghillies, farmers and such.
Likewise I have walked and ridden, and never encountered an unfriendly landowner.
The conflicts seem to arise where English landowners buy Scottish land, yet are unaware of the differing cultures, sadly, and think they can fence it off and patrol it.
S
The right of access has always been traditional in Scotland - and there is little conflict between landowner and walker/rider.
If it is stalking season, or there are forestry operations going on, notices are erected to that effect, and the routes (if to a particular Ben) diverted appropriately.
Obviously as a rider, we know not to go in with particular livestock or crops at particular times of the year, and we respect this.
My father was a keen hillwalker, when he was younger, and never once had any conflict walking in the hills - on the contrary he would often enjoy a thermos tea with ghillies, farmers and such.
Likewise I have walked and ridden, and never encountered an unfriendly landowner.
The conflicts seem to arise where English landowners buy Scottish land, yet are unaware of the differing cultures, sadly, and think they can fence it off and patrol it.
S
MagicMelon
Well-Known Member
[ QUOTE ]
The conflicts seem to arise where English landowners buy Scottish land, yet are unaware of the differing cultures, sadly, and think they can fence it off and patrol it.
[/ QUOTE ]
So true. I have ridden round my local farmers fields with no problems (since I am of course, allowed to as long as I do not damage anything etc.). However, there is a local man who moved up from England - he fenced off a track which went through his farm after setting his dogs on numerous people (including my brother!). The track was a right of way! However, its been hell to try and make him remove it. I dont think this is even an English/Scottish thing since anywhere in the UK, a right of way is a right of way!
Ive never had anyone walk over my field. Although allowed, I would approach them and politely ask them to stay round the edge because I know my horse would be so spooked by it!
The conflicts seem to arise where English landowners buy Scottish land, yet are unaware of the differing cultures, sadly, and think they can fence it off and patrol it.
[/ QUOTE ]
So true. I have ridden round my local farmers fields with no problems (since I am of course, allowed to as long as I do not damage anything etc.). However, there is a local man who moved up from England - he fenced off a track which went through his farm after setting his dogs on numerous people (including my brother!). The track was a right of way! However, its been hell to try and make him remove it. I dont think this is even an English/Scottish thing since anywhere in the UK, a right of way is a right of way!
Ive never had anyone walk over my field. Although allowed, I would approach them and politely ask them to stay round the edge because I know my horse would be so spooked by it!
AengusOg
Well-Known Member
Whoah there horsey..................you're not talking to a 'townie' here.
MrWoof
Well-Known Member
[ QUOTE ]
Whoah there horsey..................you're not talking to a 'townie' here.
[/ QUOTE ]
So my post does not apply to you then - does it?
I simply stated what had happened to ourselves and a friend. Perhaps you are not in a position to realise just how many people do not respect other people's land and stock.
Whoah there horsey..................you're not talking to a 'townie' here.
[/ QUOTE ]
So my post does not apply to you then - does it?
I simply stated what had happened to ourselves and a friend. Perhaps you are not in a position to realise just how many people do not respect other people's land and stock.
Pedantic
Well-Known Member
Scots, a race of people where men wear womens skirts called a kilt with no knickers on in fields full of thistles, they are either very hard or barmy, make your own mind up, I am married to a Scot so allready know the answer
Mithras
Well-Known Member
To make it easier to understand, there are far more public rights of way in England than in Scotland. There are hardly any here in comparison. Shilasdair is right however, the problem arises when people seek to prevent what has always been traditional. The right to roam sounds revolutionary but it actually just codifies what has always been there by tacit agreement.
Mr Woof - "So, those who have actually paid hard cash for property and have the Deeds, free of any lien, do not "really own anything"?"
Well, subject to any rights of way, servitudes, real burdens, wayleaves and suchlike. What happened to you was unfortunate but is rather different from lawful exercise of a public right of access.
Noblesse oblige anyone?
Mr Woof - "So, those who have actually paid hard cash for property and have the Deeds, free of any lien, do not "really own anything"?"
Well, subject to any rights of way, servitudes, real burdens, wayleaves and suchlike. What happened to you was unfortunate but is rather different from lawful exercise of a public right of access.
Noblesse oblige anyone?