SO ANGRY!! - advice needed

Gallop_Away

Gallop_Away

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I am fuming. My OH and I have just signed the paperwork for an area of grazing land. As of yet we haven't fenced it but will be doing so asap and then moving our horses there.
A neighbour has been using this land however to graze her horses. We waited until everything has been signed and then spoke to her and asked if she could not graze the horses on there. We want the grazing for our own horses and also there is a safety risk as my OH has been up there with strimmers and a chainsaw clearing away the few brambles so we can fence if off, so not a safe place for horses to be at the moment.
However she has blatantly ignored us and is still continuing to graze her horses on there without our permission.
I really dont know what to do. Do I try and reason with her (she has a reputation for being most unreasonable when crossed). Do I call the police or the local council? From what I know its classed as fly grazing. Any advice appreciated x
 
You might have just signed but for what - purchase or rent? When is your start date and do you have exclusive use if it rented? Have you asked the landowner to ensure her horses are removed - did he grant her permission? Was she a legitimate tenant or occupying without consent? TBH it is down to the landowner to make sure you have vacant possession if that is what you have agreed and are paying for.
 
JillA said:
You might have just signed but for what - purchase or rent? When is your start date and do you have exclusive use if it rented? Have you asked the landowner to ensure her horses are removed - did he grant her permission? Was she a legitimate tenant or occupying without consent? TBH it is down to the landowner to make sure you have vacant possession if that is what you have agreed and are paying for.
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Sorry I should have been clearer when I posted but Im just so annoyed I just wanted to get it all out

First of all its rented land. We had exvlusive use of it from the date we signed the paperwork back in March.

She never had permission from the land owner - which is a local charity. The land was left to the charity in the previous owners will. They now rent it out and the money is used by the charity. She rents neighbouring land and has just used our land without asking permission.

Hope thats clearer now :)
 
If your renting iwould assume its the land owners issue and they should of had the horses removed before letting the land to you, I would speak to the land owners as well as investigate with the local council where you stand with regards to legally getting them off the land, I would also fence them out ASAP but if this woman has a reputation be careful in case she does anything to the fencing/land animals though if can be proven you will be able to be prosecuted for criminal damage but proving it will be a nightmare. could potentially be a very tricky situation if she wants to be awkward/nasty
 
TBH I would force the landlords hand by withholding rent until they have sorted it, if they granted you a tenancy with vacant possession. If they then say you are in breach of your tenancy agreement, let the legal people deal.
 
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put up a notice on the gate to say if horses are not removed within 48 hrs they will be sold at public auction or pts.
 
I would get legal advice from someone who has knowledge of agricultural land law. Depending on how long this person has been using the land it may be likely that they have created some sort of hold on the land for themselves.
 
Also another thing I should point out her animals are not on there 24/7 she keeps them in her own field but lets them out onto our land during the day when we are not there. My OH caught her the other day and a friend rang me this morning to tell me she was on there again.
 
It is not your land, it belongs to the Landlord. Get him to sort it out. If I rent property, as I have, it is my responsibility to make sure the property is in a fit state for new tenants, not the tenants.
 
If she has a mare, state one of yours going in will be colt lol.

Joking aside, she has no right to be there. Badger the landlord to give her an official notice to leave the property?

If it was me, I'd put her horses back into hers, finish fencing and lock her out with a padlock.
 
ester said:
how is she getting them in? can you block access?
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As its not fenced off the top of the field is open.

I can see what people are saying with the landowner having the obligation to remove her from the land. The thing is though this isnt a long term problem. We are hoping to complete the fencing within a month and I will be putting the biggest lock I can find on the gate. Its keeping her off until its fenced thats the issue and im not sure how quickly the owner can act. Hence why I am asking if theres any action I can take to get her off now.
 
As well as what others have said re the landlord getting involved, I would make a point of trying to see her and speak with her to advise that you will be spraying the land with weedkiller.
 
ah, presumably on to her land so she knows the horses can't escape?

muckypony might be right, and hang around with a spare knapsack sprayer while you are clearing. Does she know you know she is still putting them out there during the day? Or does she think she is managing it on the QT?
 
She may have every right tone there as a sitting tenant. If she has used it for over a year with no agreement in place she may well have rights...Your beef should not be with her but with your landlord. Don't pay til it is clear and write them a letter saying as much.
 
ester said:
ah, presumably on to her land so she knows the horses can't escape?

muckypony might be right, and hang around with a spare knapsack sprayer while you are clearing. Does she know you know she is still putting them out there during the day? Or does she think she is managing it on the QT?
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No thats the thing its totally open. Her field is fully fenced and then there is a track between our boundry and her field which is council owned. Theres surrounding farm land and mountain sides around us then. Her horses could easily wander off our field onto the surrounding farm land so she normally stand there and keeps an eye on them.

She knows we know. She put them on there the other day when my OH was there and then stood at the top of the field eye balling him trying to gode him into an argument.
 
blitznbobs said:
She may have every right tone there as a sitting tenant. If she has used it for over a year with no agreement in place she may well have rights...Your beef should not be with her but with your landlord. Don't pay til it is clear and write them a letter saying as much.
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Shes only been there a few months so I doubt she can claim any rights over the land.
 
Gallop_Away said:
She knows we know. She put them on there the other day when my OH was there and then stood at the top of the field eye balling him trying to gode him into an argument.
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In that case I'd be tempted to go up to her a be really nice, introduce yourself and let her know your plans for fencing/weed killing/machinery etc... No point going in all guns blazing because at the end of the day you do have to be neighbors with her!
 
Rollin said:
It is not your land, it belongs to the Landlord. Get him to sort it out. If I rent property, as I have, it is my responsibility to make sure the property is in a fit state for new tenants, not the tenants.
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>>>this

It is not your land it belongs to the landowner so spk to them. Have you actually asked them if she has permission to graze her horses on there?
 
Princess16 said:
>>>this

It is not your land it belongs to the landowner so spk to them. Have you actually asked them if she has permission to graze her horses on there?
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She has not had permission previously and it says in our paperwork that we have exclusive use of the land so she does not have any right to graze on that land.

Like I said I know its the landowners problem but as I said I am looking for a quick short term sollution to the problem. As the landowner is an organisation I cant see them sorting it within the next few weeks. So apart from speaking to the landowner is there anything else I can do is what im asking x
 
She sounds like a charming ignoramous.
Just get the fencing up asap and I like the idea of telling her you are spraying the land with toxins - even if you just get a backpack and sprayer out filled with water - do it in front of her!
 
I like the "weedkiller" suggestion - while you get fencing in place to keep her out. Or one day when her horses aren't there whip a length of electric fencing across (with a big energiser she can't reach mwhaha lol)

Some people you just gotta outwit :)
 
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Yes tell her your getting it weed killed asap and her horses must be off the land. Get your fencing done asap tell her she is trespassing and if they come onto your land you will have them removed.

Tell her you will charge her rent if they wander onto the land your renting.

Once your fence is up tell her you have CCTV and if she is seen to tamper with any fencing or gates you will see her in court.

get legal advice / police
 
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