Crossing private land to access permission.

[Zane1988]

Wonder if anyone knows the legalities in this case.
I have some new land for fallow. Trouble is the only access using a vehicle is via a small track on private land and through a field.

Issue is the guy who owns it. He is annoyed he lost the permission and seems to what to make access difficult.
Now legally he has to let the land owner gain access.
But he is causing issues with me crossing with the firearm in the vehicle and if I have the right to use the track to extract deer.

Only other option is to use a tractor on site to extract deer on the other side of the property as its not passable by vehicle in winter.

Do I have a legal right of access, as the owner on the land I am shooting says I do?
Can he deny access if I have a rifle in the vehicle in its case and unloaded?

 

[Cyres]

If there is legal access to the ground then what is the issue? I do understand where your coming from but the guy is playing on the fear factor. Might be handy to get it in writing so if police get involved then you can produce it.
D

 

[sh1kar]

Presumably several people use the track. Postie, visitors etc etc?

 

[Pete1774]

I think you need some serious professional advice. You say the landowner on who's permission you shoot has a right of access but depending on how that access is defined will affect your right of access. Is it a general shared access to your landowners property or access granted by the other landowner just for farming purposes? If its the latter I would be very cautious about taking a firearm onto that property, armed trespass, etc.

 

[Rake Aboot]

If the landowner has access rights they extend to you as his agent/employee surely.

 

[Rake Aboot]

I think you need some serious professional advice. You say the landowner on who's permission you shoot has a right of access but depending on how that access is defined will affect your right of access. Is it a general shared access to your landowners property or access granted by the other landowner just for farming purposes? If its the latter I would be very cautious about taking a firearm onto that property, armed trespass, etc.

Shooting is farming purposes.

 

[palmer_mike]

Shooting is farming purposes.

Yes and enough ‘good reason’ to not be of any concern for the police should they ever be contacted

 

[Pete1774]

Shooting is farming purposes.

I agree but it boils down to the detail in the grant of access which is why I suggested professional legal advice.

 

[long_range_rob]

Either way it’s a civil matter not a Police issue

 

[Heym SR20]

You mention there is another way through to the property. I would use this and keep well away from the difficult neighbour.

If you are crossing the field on the track I would do so in a vehicle, keeping rifle etc well out of sight and just drive through as an employee of the landowner.

 

[Greenmist]

Either way it’s a civil matter not a Police issue

Not really, if they deem it armed trespass I believe it becomes a criminal matter

 

[Liveonce]

the right of way should be detailed on the land registry documents if not just an adhoc arrangement.

 

[VSS]

The legal access to the land is the legal access to the land, so for all lawful purposes associated with the use of that land just crack on, provided that you are certain that that track actually is the legal access.

You can carry a firearm wherever you like, provided that you have a legal good reason for doing so. Even up the high street in town.

 

[Pete6.5]

If Im reading it correctly you can extract deer with a tractor a different way as not to go on the other guys ground but the access is not good enough for your vehicle. The simple answer is get a quad and you will have the added benefit of easy extraction where ever you shoot a deer.

 

[The Singing Stalker]

You need see the paperwork as Pete says above as access rights can be complicated. It is all very well the farmer saying you have access, but then, how many farmers are inundated with rabbits and you turn up to see one.
No idea how you confirm it, land registry or legal advice.

 

[Devon Stalker]

Wonder if anyone knows the legalities in this case.
I have some new land for fallow. Trouble is the only access using a vehicle is via a small track on private land and through a field.

Issue is the guy who owns it. He is annoyed he lost the permission and seems to what to make access difficult.
Now legally he has to let the land owner gain access.
But he is causing issues with me crossing with the firearm in the vehicle and if I have the right to use the track to extract deer.

Only other option is to use a tractor on site to extract deer on the other side of the property as its not passable by vehicle in winter.

Do I have a legal right of access, as the owner on the land I am shooting says I do?
Can he deny access if I have a rifle in the vehicle in its case and unloaded?

It depends on what access rights the owner of your permission has over the neighbour’s land and if they allow him/her to give you access. Typically access rights can be for all purposes, but they can also be limited, say on foot only for example. If the owner doesn’t know you can check the title on the Land Registry for a small fee (£7 I think).

 

[timbrayford]

If the landowner has access rights they extend to you as his agent/employee surely.

Precisely

 

[Bo Diddley]

Complicated and needs a careful eye to look at the paperwork.
Example #1. A 27acre fishing lake with some surrounding land was sold, and the only access was down a farmer's track with permission for the owner of the land to use the track, the farmer was a reasonable guy and let the owner and paying syndicate members use his track for access... until there happened to be a falling out... the lakes are basically closed for good with only the owner of the lakes legally allowed to use the track, despite the said guy spending a small fortune on barristers fighting his case.
Example #2. A neighbor sold off a couple of acres of his land as a pony field, the only access was across his drive, the wording of the deeds named the buyers as having access across his drive, they also had a dispute and the piece of land is sitting idle, the original seller knew what he was doing and wanted to buy it back for half what he sold it for.. Caveat Emptor.

 

[vpk999]

Call your local FEO and see what he/she says. At least they can log it, in case it does escalate in the future. Get written permission from the land owner, just in case armed response turn up. The neighbour who lost the permission needs to grow up! You could always drop a deer off at his place at Christmas as a good will gesture.

 

[cjm1066]

Do you want to rely on Chinese whispers as a defence in court?

You need to see the paper work or get written permission from the landlord of your shooting rights.