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Thread: pest control on common land

  1. #1
    SD Regular bobjs's Avatar
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    pest control on common land

    ok lads

    i have been asked by a golf course that is on common land to do the vermin control, this is to include the following,

    lamping of rabbits and fox.

    pest control of grey squirrels and fox day time shooting shotgun only

    closed course days to control the deer (Munty and roe) only to be shot on the closed course days with notification given to local authorities.

    this is how they have worded it,

    but can this be done on common land with their permission as land tenants or do i have to contact the local county council.

    thank you

    bob.
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  2. #2
    If as land managers they have the shooting rights then yes

  3. #3
    Yep, absolutely - do they have the shooting/sporting rights. I know that our local common land is not permitted to be shot. Likewise I have family who tenant a farm but the sporting rights are not included - hence I can't shoot the boar because of the owners pheasant shoot!!

  4. #4
    SD Regular bobjs's Avatar
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    Quote Originally Posted by paul at barony View Post
    If as land managers they have the shooting rights then yes
    cheers Paul.

    i will be dealing with the issues over the weekend, just need to clear out all this shooting stuff to keep her in doors happy, and to pay the small bills etc.

    bob.
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  5. #5
    I think that you will find that the rights to control vermin ( and incidentally deer ) lies with the 'occupier' and not the landlord or owner. The wording is I believe ' The occupier, his immediate family of someone employed by them.' Sporting Rights are another issue as they apply to 'game' animals. Someone correct me if I am wrong, but deer are not game animals.

  6. #6
    SD Regular bobjs's Avatar
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    Quote Originally Posted by JeffreyL View Post
    I think that you will find that the rights to control vermin ( and incidentally deer ) lies with the 'occupier' and not the landlord or owner. The wording is I believe ' The occupier, his immediate family of someone employed by them.' Sporting Rights are another issue as they apply to 'game' animals. Someone correct me if I am wrong, but deer are not game animals.
    cheers J

    ill even check all that out too. im really keen to help its about 450 acres and in prime location for some nice deer later in the year

    bob.
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  7. #7
    I am no expert but it is not clear whether you are a professional contractor, a golf club member, or a layman volunteer.
    My concern is that as registered common land,the golf course is probably open
    a) (under the CROW Act) to the public to wander about for recreational purposes which do not, as far as I am aware, include shooting;
    b) (under customary rights of common (now registered under the Common Act 2006 and earlier legislation)) to commoners' grazing animals (sheep and cattle), foraging swine (pannage);
    c) commoners who may have commoner's rights to take rabbits, take timber, take minerals (rare) etc;
    d) the landowner's rights of use and management - which may cover some or all of the remit you have been asked to undertake.
    If you intend to carry out works on the common land for the purposes of your "work" or volunterring, you may need the consent of the Secretary of State under section 38 of the 2006 Act (unless the works are exempt in which case you may need to notify releveant parties).
    Finally, if an independent contractor, golf club member, etc, ensure any indemnity insurances you may have cover the perils/ risks you may expose third parties (members of the public, children etc) to as you go about the common.

  8. #8
    SD Regular bobjs's Avatar
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    thank you Jaefoo,

    the land is not a open common as such, its a enclosed area of what used to be known as common land, the land is contracted to the present keeper and has been for well over 75 years and more.it is thought that they have in the small print the right to control the wild life on it with the exception of Badgers,horse and fowl that have to be removed by other means.

    I asked the question to see if anyone else had come across this issue,

    it will become more clear when i read the land rights on Monday etc.

    i will of course keep you all posted, i am not a company i am just a very well known person in the local police HQ for taking on just these sorts of issues to help the land owner out etc.

    bob.
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  9. #9
    Dont know if this helps you clear things up-from a point of view of commom land
    In the link it talks about Excepted Land and that is some land, although it may qualify as either open country (according to the Countryside Agency's mapping methodology) or registered common land (under the Commons Registration Act 1965), will not be subject to the right of access. This is because there are a number of categories of what is called 'excepted' land

    http://www.lawyersunltd.com/lawyersunltd-news-html/Accessing_Common_Land744.html

    Last edited by simon t; 27-01-2012 at 15:56.

  10. #10
    SD Regular bobjs's Avatar
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    Quote Originally Posted by simon t View Post
    dont know if this helps you,
    In the link it talks about Excepted Land and that is some land, although it may qualify as either open country (according to the Countryside Agency's mapping methodology) or registered common land (under the Commons Registration Act 1965), will not be subject to the right of access. This is because there are a number of categories of what is called 'excepted' land

    http://www.lawyersunltd.com/lawyersunltd-news-html/Accessing_Common_Land744.html

    cheers Si

    thats handy to have, i am a bit worried as the land has not been maintained for some 15 years, so when the current land occupier asked the question to my feo he called me to see if i would take on the task,

    seems strange why its not been done for such a long time.

    not so handy is the fact that i am not in the best of health and don't shoot as much as i did, but i have 3 people i can call on the help me.

    i also forgot to mention i am a member of BASC and soon to be a member of the NGO, so i have no legal issues as yet.

    bob.
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