House access across farmers field. Animals,obnoxious farmer

Roblewis
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Re: House access across farmers field. Animals,obnoxious far

Post by Roblewis » Sun Jul 06, 2014 10:47 pm

In general the HSE guidance is an absolute NO for a dairy bull at any time. Beef Bulls are generally OK with dry heifers, but heifers with calf at foot and you have actually the most dangerous grouping, most farmers killed by stock are heifers with calves. In terms of the HSE public means anyone not owning or employed on the farm.

Look up HSE in your phone book and ask to make a complaint for the attention of the agricultural inspector it can be totally anonymous if you wish.

humptydumpty
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Re: House access across farmers field. Animals,obnoxious far

Post by humptydumpty » Mon Jul 07, 2014 10:16 pm

pilman wrote:
Somebody buys house in country that can only be accessed through a cattle farm then complains about cows in the field. You can't make it up!
Some farmer buys a farm with a bridle path and ROW through it and expects to be able to use that field without regard for other people's safety. You can't make it up!
You've got to love an open forum where everyone can express a point of view.

If there was a vote on this one, I will definitely side with the house owner because he bought the right of way expecting it to remain unobstructed so that it coul dbe used as a right of way.

Since I sold my farm in 2001 I have no axe to grind about identifying good and bad farmers, but just to confirm, I was a good one. :lol:
Great isn't it. I was brought up on a farm and still farm part time, I like to think most farmers are OK!

Gasaxe,

Could try speaking to the National Farmers Union (NFU) they don't like farmers misbehaving and bringing the honourable farmers into disrepute, they may be able to make the farmer see sense. The rules for farmers with Row over their land are quite clear.
I think your particular farmer is being very awkward for is own sick enjoyment, you should be able to use your access with minimal fuss.

arsie
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Re: House access across farmers field. Animals,obnoxious far

Post by arsie » Tue Jul 08, 2014 9:38 am

Risk of going off topic but I believe the single bull should have a calming influence on the ladies who otherwise are liable to get over protective.

Ramblers or better the local NFU is a good idea. All it takes is an electric fence. For a bull you need more oomph but a single strand 2-3,000 volt should be enough for the lady cows and calves and will probably do here.

gasaxe
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Re: House access across farmers field. Animals,obnoxious far

Post by gasaxe » Tue Jul 08, 2014 1:36 pm



I think your particular farmer is being very awkward for is own sick enjoyment, you should be able to use your access with minimal fuss.

I think you right there when you talk to him he smirks the whole time its like a power trip, sick perversion .


Thanks for everyone's input so far. Lots of different views.

Gas

jonahinoz
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Re: House access across farmers field. Animals,obnoxious far

Post by jonahinoz » Wed Jul 09, 2014 4:12 pm

Hi,

Many many years ago, I read an article in a magazine (so it must be true :roll: ) It said that land owners complained about paying taxes that Joe Public had rights over. So it was decreed that no taxes were payable on land that was a RoW. Which probably made a few farmers happy .... then.

I understand that the most dangerous bull of all is ... a Jersey. I guess if my wife was as pretty as his, I would get possesive too.

John W

humptydumpty
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Re: House access across farmers field. Animals,obnoxious far

Post by humptydumpty » Fri Jul 11, 2014 10:57 am

Hi gasaxe,

Did you speak to NFU?

What did they advise?

gasaxe
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Re: House access across farmers field. Animals,obnoxious far

Post by gasaxe » Mon Jul 14, 2014 12:14 pm

humptydumpty wrote:Hi gasaxe,

Did you speak to NFU?

What did they advise?

I did email chris.dickinson@nfu.org.uk but got no response.

Gas

humptydumpty
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Re: House access across farmers field. Animals,obnoxious far

Post by humptydumpty » Mon Jul 14, 2014 7:33 pm

gasaxe wrote:
humptydumpty wrote:Hi gasaxe,

Did you speak to NFU?

What did they advise?

I did email chris.dickinson@nfu.org.uk but got no response.

Gas


That's no good, I would try again because I don't think the NFU will be happy with this farmer, as there are strict rules relating to dairy bulls and stallion horses on bridleways or footpaths, in that, it is forbidden.

You could try DEFRA, or the local councils access officer, both these authorities could use enforcement action and or fines.

MacadamB53
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Re: House access across farmers field. Animals,obnoxious far

Post by MacadamB53 » Tue Jul 15, 2014 12:14 am

Hi gasaxe,

Section 59, Wildlife & Countryside Act 1981:

(1)If, in a case not falling within subsection (2), the occupier of a field or enclosure crossed by a right of way to which this Part applies permits a bull to be at large in the field or enclosure, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
keeping a bull near a PROW is illegal...

(2)Subsection (1) shall not apply to any bull which—
(a)does not exceed the age of ten months; or
(b)is not of a recognised dairy breed and is at large in any field or enclosure in which cows or heifers are also at large.


...unless it's <10 months old
OR
it's with cows or heifers AND it's not a dairy bull


"recognised dairy breed” Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.

although you mention feeling intimidated/unsafe you've not mentioned any actual incidents - have there been any?

if an incident does happen where one of his animals acts in a dangerous way which causes harm or damage then it can be said to have this potential and, if the same animal does something similar again after the first incident has been reported and the owner made aware, then the owner may be found liable under the Animal Act 1971.

you also mention not enjoying the obvious side effects of living so close to cattle (the muck) but surely you must concede how shortsighted that makes you sound...

lastly, if the cattle escape onto private land and damage is caused or expense incurred, then - again - he may be found liable under the Animal Act 1971.

Kind regards, Mac

gasaxe
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Re: House access across farmers field. Animals,obnoxious far

Post by gasaxe » Tue Jul 15, 2014 2:49 pm

MacadamB53 wrote:
although you mention feeling intimidated/unsafe you've not mentioned any actual incidents - have there been any?
So you think someone should be injured first before prevention takes place, bit like buying a burglar alarm after you have been robbed
you also mention not enjoying the obvious side effects of living so close to cattle (the muck) but surely you must concede how shortsighted that makes you sound...
Perhaps, but I bet there is not one person on this debate who when they leave their house to go to work, days out, nights out and drives down the road or drive has to get out into 3 inches of mud, urine or pate. I'm sure if the farmer owned our house he'd have a fence. Its all about the power for him, quote ''cause he can''
lastly, if the cattle escape onto private land and damage is caused or expense incurred, then - again - he may be found liable under the Animal Act 1971
Again if you were the farmer, wouldn't you want your cattle to be safe knowing that the gates to you field are being opened and closed between 15-20 times a day in the peek walking season, again I think its just an awkward farmer looking for power.

Personally I think your being a little shortsighted,


Kind regards,

Gas

MacadamB53
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Re: House access across farmers field. Animals,obnoxious far

Post by MacadamB53 » Tue Jul 15, 2014 4:29 pm

Hi gasaxe,

Personally I think your being a little shortsighted

Mmm, you're entitled to your opinion - I guess it was a little shortsighted of me to bother to provide you with such a comprehensive response, setting out where you both stand in the eyes of the law :roll:

So you think someone should be injured first before prevention takes place, bit like buying a burglar alarm after you have been robbed

no I don't, but it doesn't really matter what I think.
the legislation I quoted says, in the eyes of the law, a landowner can keep animals on his land other than the bull scenarios and "dangerous" animals - "dangerous" animals being species/breeds recognised as dangerous (eg lions) or individual animal considered dangerous (because although it's species/breed isn't recognised as dangerous this particular individual has acted dangerously before).
that's how it is - I don't write the stuff, I'm just making you aware.
the farmer obviously thinks - probably based on his life experience to date - the likelihood of an incident occurring is so remote he's prepared to risk it.

but I bet there is not one person on this debate who when they leave their house to go to work, days out, nights out and drives down the road or drive has to get out into 3 inches of mud, urine or pate

but I bet there are only a minority of forum members who'd buy a house in a cow field, so your point is academic...

Again if you were the farmer, wouldn't you want your cattle to be safe

I certain would (btw, what do you mean by "again"?)

there is one more avenue you might be able to pursue to force him to fence the "way" - I'll post the details later (need to check I'm right first... ;) )

Kind regards, Mac

gasaxe
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Re: House access across farmers field. Animals,obnoxious far

Post by gasaxe » Tue Jul 15, 2014 4:56 pm

Hi Mac

Thanks for the reply :D

Yes I agree it is good to see were I stand with the law , that's why I joined this site for the expert advice but as posted before the advice of the HSE is,

Keepers of animals are in most cases held legally responsible for injuries caused by their stock. Before putting any cattle, including bulls, in fields with public access you should assess their likely behaviour when members of the public – perhaps walking dogs or with children - are present. If possible, keep cows with calves a foot away from fields with public access.

consider whether it is reasonably practicable to temporarily fence alongside a public right of way so that the cattle and people are kept separate. Take care not to obstruct rights of way by fencing across them;

plan the location of handling and feeding areas away from public rights of way to reduce the possibility of stock congregating around the route


On this issue the cows water trough is around 15 ft from gate two.

but I bet there are only a minority of forum members who'd buy a house in a cow field, so your point is academic...

The house isn't in the field just the access to it, Our house is another 100m down the access route.

I guess it was a little shortsighted of me to bother to provide you with such a comprehensive response

I think you and I are intelligent enough to see that this is really about an awkward farmer getting some self gratification about the situation he has over us.

(btw, what do you mean by "again"?)

Not sure really :lol:

there is one more avenue you might be able to pursue to force him to fence the "way" - I'll post the details later (need to check I'm right first... ;) )

I hope you have that eureka moment !!!!

Cheers

Gas

MacadamB53
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Re: House access across farmers field. Animals,obnoxious far

Post by MacadamB53 » Tue Jul 15, 2014 5:46 pm

Hi gasaxe,

you should assess their likely behaviour

"you" being the farmer, not us two :(

and if he's made a poor assessment he'll suffer the consequences...

Kind regards, Mac

littlemy
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Re: House access across farmers field. Animals,obnoxious farmer

Post by littlemy » Sat Aug 18, 2018 7:31 am

Hi Gasaxe
I was just wondering if you came to any resolution regarding your situation? I have a similar one and would be interested in how it was resolved...
Many thanks

jonahinoz
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Re: House access across farmers field. Animals,obnoxious farmer

Post by jonahinoz » Sun Aug 19, 2018 9:31 am

Hi,

I have heard of a bridleway that was NOT a footpath. Maybe it was an urban myth ... started by the farmer. Whatever, the farmer acknkowledged there was a RoW for horses, but not people on foot. You couldn't make it up.

John W

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