lewis 682 Posted November 8, 2009 Report Share Posted November 8, 2009 (edited) Hi all. My farmers not got that much rape this year, However 1 lot is on some rented land, because he doesn't own this land can can he give me permission to shoot it? I have written permission to shoot all land belonging to the farm, but not sure how i stand with this? Also the other patch is alongside a rail track, whats the legal requirements on that? is it the same as public highway 50ft from center Any help & advice much appreciated Regards Lewis. Edited November 8, 2009 by lewis 682 Quote Link to comment Share on other sites More sharing options...
mossy835 Posted November 8, 2009 Report Share Posted November 8, 2009 i have one farmer that rents hunreds of acres, of farmers all i do is go have a word with them,two keep the pigeons off. they have all said yes two me over the years.as for the railway just keep away from it. Quote Link to comment Share on other sites More sharing options...
DaveK Posted November 8, 2009 Report Share Posted November 8, 2009 He has a right to have people do pest control but may not hold the sporting rights as a tenant farmer. So yes he can let you shoot it but may not have the rights to let you shoot game birds or deer. Quote Link to comment Share on other sites More sharing options...
webber Posted November 8, 2009 Report Share Posted November 8, 2009 I don't believe that DaveK's answer is strictly correct. It would be better if you acquired the details of the land owners, and explain to them that you control pigeons etc. for farmer X who has rented xyz land, and seek permission for the period of his tenancy. It could well result in far more permission, rather than possible charges for armed trespass. webber Quote Link to comment Share on other sites More sharing options...
Sinistercr0c Posted November 8, 2009 Report Share Posted November 8, 2009 My understanding of the law regarding tenant famers is as follows: The farmer can allow one individual for the purposes of pest control BUT, that individual has to be a family member OR in the paid employ of the farmer for that purpose. As they are legally obliged to control rabbit populations, this exemption applies in terms of landowners written permission to shoot, and is the only one that applies. The farmer cannot legally allow you to shoot for any other purpose. You have to seek the written permission of the landowner. Quote Link to comment Share on other sites More sharing options...
DaveK Posted November 8, 2009 Report Share Posted November 8, 2009 I don't believe that DaveK's answer is strictly correct. Well it's what I was told by your precious BASC a few years ago when I was a member. Are you saying they're wrong? A tenant farmer has a right to control vermin and pests on land he rents and has the right to appoint someone to do it. He may not, however have the sporting rights as part of his tenancy. land might be keepered or the person with the sporting rights may have a clause that entitles them to control pests and predators but the tenant still has that right (and until recently an enforceable obligation to control rabbits). Quote Link to comment Share on other sites More sharing options...
DaveK Posted November 8, 2009 Report Share Posted November 8, 2009 My understanding of the law regarding tenant famers is as follows:OR in the paid employ of the farmer for that purpose. Payment by way of keeping what you shoot. Quote Link to comment Share on other sites More sharing options...
LostWomble Posted November 8, 2009 Report Share Posted November 8, 2009 Its great to have the tenants blessing but ask him for the estate keepers number to check with him too. Quote Link to comment Share on other sites More sharing options...
mossy835 Posted November 8, 2009 Report Share Posted November 8, 2009 as i said go have a word with the farmer,tell him that you want two shoot the pigeons only,im sure he will let you.that way iv gained a lot of shooting. Quote Link to comment Share on other sites More sharing options...
Sinistercr0c Posted November 8, 2009 Report Share Posted November 8, 2009 (edited) OK, see page 3 and more definitively page 6 of the PDF file on the Natural England website. http://naturalengland.etraderstores.com/Na...landShop/TIN003 In simple terms, it is as I stated previously; you can only shoot rabbits and then only due to the fact that the tenant has a legal duty to manage their population. You must be in the farmers employ or 'a member of his household or staff' In terms of Wood pigeons, whilst they are considered an agricultural pest, there is no law dictating they must be controlled (unlike rabbits), therefore you can't use the above as a reason to be on the land with only the farmers consent. Being on the land, (even with the farmers blessing) without written permission from the landowner to shoot pests, will at worst see you in front of the beak charged with armed trespass..... Edited November 8, 2009 by Sinistercr0c Quote Link to comment Share on other sites More sharing options...
badshot Posted November 8, 2009 Report Share Posted November 8, 2009 Just go and see the farmer, any advice given on here will probably be wrong as it is a very individual situation. BTW the legal obligation to control rabbits has lapsed i believe as defra only used it's powers a handful of times. Quote Link to comment Share on other sites More sharing options...
Sinistercr0c Posted November 8, 2009 Report Share Posted November 8, 2009 Badshot is right, it appears this legislation is no longer used by NE...whether that means it is no longer statutory or NE just don't bother prosecuting I've no idea.... http://www.shootinguk.co.uk/news/394841/Ra...K_says_CLA.html However, I'd suggest the basic principle of written permission from the landowner still very much applies. Quote Link to comment Share on other sites More sharing options...
DaveK Posted November 9, 2009 Report Share Posted November 9, 2009 BTW the legal obligation to control rabbits has lapsed i believe as defra only used it's powers a handful of times. The legal obligation is still there, the difference is that NE have stated that they will no longer enforce it. Quote Link to comment Share on other sites More sharing options...
Pinkfooty Posted November 9, 2009 Report Share Posted November 9, 2009 The legal obligation is still there, the difference is that NE have stated that they will no longer enforce it. ..and presumably a landowner could still be prosecuted if a neighbouring farmer complained that his crops were being damaged by uncontrolled rabbits coming over the boundary. By the way Dave, the situation as you first stated it, although I note you are from Yorkshire, is actually the situation in Scotland. Quote Link to comment Share on other sites More sharing options...
pegasus bridge Posted November 9, 2009 Report Share Posted November 9, 2009 Well it's what I was told by your precious BASC a few years ago when I was a member. Are you saying they're wrong? A tenant farmer has a right to control vermin and pests on land he rents and has the right to appoint someone to do it. He may not, however have the sporting rights as part of his tenancy. land might be keepered or the person with the sporting rights may have a clause that entitles them to control pests and predators but the tenant still has that right (and until recently an enforceable obligation to control rabbits). this is the advice i was given, i have just gone through this to gain a FAC over land. and discussed this exact point at length with the BASC and the FLO. it also applies to hares under the ground game act 1881 apparently. Payment by way of keeping what you shoot. thats exactly as i was told. Quote Link to comment Share on other sites More sharing options...
lewis 682 Posted November 11, 2009 Author Report Share Posted November 11, 2009 Thanks for all your replys folks, i guess the only safe way round this is to get land owners details, and get round to see him for written permision, you never know what may come out of it? Quote Link to comment Share on other sites More sharing options...
CharlieT Posted November 11, 2009 Report Share Posted November 11, 2009 Just remember that there are many different types of tenancies and ways of renting agricultural land. Some will include the right to control rabbits and others won't. We rent out some land to a chap to grow cereals and I can assure you that it does not give him the right to shoot anything. Neither does some grazing land we let. However a small farm of 200 acres we let on an agricultural tenancy most certainly gives our tenant the right to control rabbits. Charlie. Quote Link to comment Share on other sites More sharing options...
DaveK Posted November 11, 2009 Report Share Posted November 11, 2009 Don't get mixed up with rights and obligations. The occupier of the land be it the landowner or tenant has an OBLIGATION in law to control rabbits. It has nothing at all to do with shooting rights and the control of rabbits doesn't necessarily involve shooting. Quote Link to comment Share on other sites More sharing options...
CharlieT Posted November 11, 2009 Report Share Posted November 11, 2009 Just remember that there are many different types of tenancies and ways of renting agricultural land. Some will include the right to control rabbits and others won't. We rent out some land to a chap to grow cereals and I can assure you that it does not give him the right to shoot anything. Neither does some grazing land we let. However a small farm of 200 acres we let on an agricultural tenancy most certainly gives our tenant the right to control rabbits. Charlie. Don't get mixed up with rights and obligations. The occupier of the land be it the landowner or tenant has an OBLIGATION in law to control rabbits. It has nothing at all to do with shooting rights and the control of rabbits doesn't necessarily involve shooting. Please read my post as right and or obligation. Quote Link to comment Share on other sites More sharing options...
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