Access issues/livestock (long)

MaisieMoo

Well-Known Member
Oct 19, 2007
4,272
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Just as it seems we may have sorted one access problem we seem to have encountered another and I'd be grateful for any advice from others who have had similar issues!

There is a reserviour right next to our yard, it has a wide, well maintained track which is perfect for riding. It is owned by scottish water but they no longer use it as a water supply and it is now leased by a local angling club.

It is also surrounded by fields which are not fenced off - you can see the remains of old barbed wire fence but much of it is trashed. In addition to this, the road that leads to the reservoir has a locked gate - you can access on foot but that's it.

I found a second entrance in the forestry which is not locked so I have hacked down once. I went out with a friend today and went to show her the route when we were approached by the farmer who lives next to it.

He told us that becuase his sheep were grazing we could not use the second entrance. I then questioned him on why the main entrance was closed to which he replied that he had put up a locked gate to stop his livestock going onto the road.

According to him, Scottishwater are responsible for the fencing which borders the reservoir and his land but they have not maintained it hence his sheep can actually gain access to the reservoir. He argued with us that for this reason we cannot hack on the reservoir as it will upset his live stock - but surely that's not our issue and if he want's to keep his sheep safe he should put up his own fencing (most of his fencing is poor from what I can see and he also has a section of road blocked off which apparently the council stopped maintaining 20 years ago).

Also, I was under hte impression that as long as we did not disturb the livestock we could ride there - after all, he can't claim the right to the area surrounding his land just because he doesn't have adequate fencing to contain his livestock can he?

We did get into a bit of a debate with him - it remained friendly and we did say we would speak to the council which he said he was happy for us to do as he had been given permission to block the road. I dont want to cause any problems for the farmer - he's been farming there for over 20 years but at the same time I want to ensure we can access the areas that we have permisson to ride.

Does anyone have any thoughs or experience of this sort of issue?

Thanks

K
 
Am I reading this right? He's put up a locked gate to block an access point that isn't even on or leading onto his land?

I'm afraid this isn't something I know much about, but that bit sounds odd to me ... if he's put up a locked gate, presumably Scottish Water couldn't even access the reservoir? Might be worth a word with them directly ...
 
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