Farmer has put a fence up where there was a gate

Farmer has put a fence up where there was a gate

Postby Petanna » Fri Mar 17, 2017 5:16 pm

I stay in Scotland where there is a right to access, next to my garden there is a farmers field with open access through an open gate (well the gate has been broken for many years and has rusted away to nothing and lying against the fence) and I walk along the field margins on a regular basis, the Farmer has now put up a fence with barbed wire across the area where there was a gate can he do this??
Petanna
 
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Re: Farmer has put a fence up where there was a gate

Postby span » Sat Mar 18, 2017 8:47 pm

He just did, by the sounds of it. What are you going to do about it?
span
 
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Re: Farmer has put a fence up where there was a gate

Postby MacadamB53 » Mon Mar 20, 2017 8:12 pm

Hi Petanna,

what use is the field being put to?
does the field share a boundary with his place of residence?

Kind regards, Mac
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Re: Farmer has put a fence up where there was a gate

Postby Petanna » Wed Mar 22, 2017 10:57 pm

Hi Mac, the field is crop, with 1mtr wild flowers round the edge. No it is not near his residence. Cheers
Petanna
 
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Re: Farmer has put a fence up where there was a gate

Postby MacadamB53 » Thu Mar 23, 2017 12:16 am

Hi Petanna,

given the info you've shared, this seems to be the most relevant part of the Land Reform (Scotland) Act 2003:

14 Prohibition signs, obstructions, dangerous impediments etc.

(1) The owner of land in respect of which access rights are exercisable shall not, for the purpose or for the main purpose of preventing or deterring any person entitled to exercise these rights from doing so -
(a) put up any sign or notice;
(b) put up any fence or wall, or plant, grow or permit to grow any hedge, tree or other vegetation;
(c) position or leave at large any animal;
(d) carry out any agricultural or other operation on the land; or
(e) take, or fail to take, any other action.

(2) Where the local authority consider that anything has been done in contravention of subsection (1) above they may, by written notice served on the owner of the land, require that such remedial action as is specified in the notice be taken by the owner of the land within such reasonable time as is so specified.

(3) If the owner fails to comply with such a notice, the local authority may—
(a) remove the sign or notice; or, as the case may be,
(b) take the remedial action specified in the notice served under subsection (2) above,and, in either case, may recover from the owner such reasonable costs as they have incurred by acting under this subsection.

(4) An owner on whom a notice has been so served may, by summary application made to the sheriff, appeal against it.

(5) Rules of Court shall provide—
(a) for public notice of the making of summary applications for the purposes of this section;
(b) for enabling persons interested in the exercise of access rights over the land to which a summary application relates, and persons or bodies representative of such persons, to be parties to the proceedings;
(c) for limiting the number of persons and bodies who may be such parties.
.

do you need any more info?

Kind regards, Mac
MacadamB53
 
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Re: Farmer has put a fence up where there was a gate

Postby Petanna » Thu Mar 23, 2017 10:10 pm

Hi Mac thanks for your help, this is excellent information. Thanks a lot. Cheers
Petanna
 
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