Flynn Posted March 31, 2014 Report Share Posted March 31, 2014 The pheasant syndicate I'm in has been making use of a particular field (purely for access to the land we have the pen on), for about 14 years. We don't shoot on it or over it, but we do occasionally take vehicles over it when the poults are delivered and to move grain/water/feeders around. The land has been recently sold to a new owner. Are there any laws which affect us with still being able to make use of the land? I figured before I go on a (potentially fruitless) net search I'd ask you lads if you're aware of anything that gives any guidance. I found a link on here, to countryside.gov.uk but that side appears to be unresponsive - I'm just getting a white page and a constant "waiting for countryside.gov.uk" message. Quote Link to comment Share on other sites More sharing options...
Brad93 Posted March 31, 2014 Report Share Posted March 31, 2014 If the land has been sold, and you do not have permission from the new owner to make use of it, then I don't think there is alot you can do apart from ask to go get your feeders etc back. Quote Link to comment Share on other sites More sharing options...
Flynn Posted March 31, 2014 Author Report Share Posted March 31, 2014 (edited) If the land has been sold, and you do not have permission from the new owner to make use of it, then I don't think there is alot you can do apart from ask to go get your feeders etc back. Aye - that's what I'm a tad concerned about. Trying to search law websites looking for guidance on what the new land owner is and isn't allowed to stipulate is a bit of a nightmare! Edited March 31, 2014 by Flynn Quote Link to comment Share on other sites More sharing options...
Piebob Posted March 31, 2014 Report Share Posted March 31, 2014 If I recall it's called easement so might be worth googling that. And I think you'll need 20-years continuous access for it to "stick". Quote Link to comment Share on other sites More sharing options...
kent Posted March 31, 2014 Report Share Posted March 31, 2014 The pheasant syndicate I'm in has been making use of a particular field (purely for access to the land we have the pen on), for about 14 years. We don't shoot on it or over it, but we do occasionally take vehicles over it when the poults are delivered and to move grain/water/feeders around. The land has been recently sold to a new owner. Are there any laws which affect us with still being able to make use of the land? I figured before I go on a (potentially fruitless) net search I'd ask you lads if you're aware of anything that gives any guidance. I found a link on here, to countryside.gov.uk but that side appears to be unresponsive - I'm just getting a white page and a constant "waiting for countryside.gov.uk" message. Your BASC affiliated? ask them! There is also rules under access rights for essential maintenance that might be usable. Have you had words with the new owner? normally this is all it needs with a bottle in hand or invite to a lunch / days shooting. Quote Link to comment Share on other sites More sharing options...
Konnie Posted March 31, 2014 Report Share Posted March 31, 2014 not gospel but think the 20 years time period sounds familiar as a wildfowling club I was with was once tried to be stopped having access to some of their own land by the environment agency BASC helped sort this out but a bit of research and a bottle of single malt is the easiest way rather than going in with legal talk good luck Quote Link to comment Share on other sites More sharing options...
Flynn Posted March 31, 2014 Author Report Share Posted March 31, 2014 Many thanks chaps - the "20 years" sounds familiar, and I've already got an email in with BASC asking for some advice/input. The 14 years I mentioned was what I was aware of but the syndicate has been running for quite some time and may well have 40+ years of "easement" in place. We'll see what BASC says. Hopefully this can be sorted out with a good malt and without the need for anyone to get upset! Thanks. Quote Link to comment Share on other sites More sharing options...
CharlieT Posted March 31, 2014 Report Share Posted March 31, 2014 I doubt there is an easement in place. You may stand a chance of claiming a prescriptive right of way, which the type the 20 year rule applies to. Claiming a prescriptive ROW will ensure you fall out with the owner, particularly after he has spent a great deal in legal fees fighting you ! Much better, as you say, to settle the matter over a brew. Quote Link to comment Share on other sites More sharing options...
littlerob Posted March 31, 2014 Report Share Posted March 31, 2014 if you been using the land for so many years im sure there's some thing called adverse possession have a look into it my mate has adverse possession of some woodland Quote Link to comment Share on other sites More sharing options...
CharlieT Posted March 31, 2014 Report Share Posted March 31, 2014 if you been using the land for so many years im sure there's some thing called adverse possession have a look into it my mate has adverse possession of some woodland Adverse possession differentiates between registered land and unregistered land, but basically one must be a squatter to claim such possession. As the land has just been purchased and the OP is not a squatter he would find it virtually impossible to qualify under the rules to claim factual possession of the land. Quote Link to comment Share on other sites More sharing options...
littlerob Posted March 31, 2014 Report Share Posted March 31, 2014 the wood land my friend has adverse possession belongs to south norfolk council and all he done was store a loading shovel tractor and a few other bits and clean up fallen tree which the council asked how long he has been maintaining the land and storing machinery on it he replied to them and they respond in a letter saying he have adverse possession of the area of woodland he been maintaining Quote Link to comment Share on other sites More sharing options...
HotShot! Posted April 27, 2014 Report Share Posted April 27, 2014 It will be in the new owners deeds Quote Link to comment Share on other sites More sharing options...
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