Crop Damage Claim £

[roebuck243]

Hi just wondered if anyone has any experience of claims against a shoot for crop damage. I'm hearing we could be face with a large bill for pheasant damage on rape and wheat !

This could be possibly be a few thousand pounds which in my eyes sounds crazy. Pheasants released were 2000 and after inspection of the land it's just like anyone else's rape. It's margin area is struggling to grow but I'd put that down to **** soil and water logged and pigeons deer etc.

Any info regarding this please shout up ,can they claim ?

[Michael Scotland]

Do you have any other shoots in your area could it be someone elses bird's have you a special kind of pheasants are your pheasants got rings to say they are yours it depends on how much you want to get on with your neighbours I think you can defend it can they prove it ?

[roebuck243]

It's a tricky one as you want to get on with the tenant farmer but also don't want to put up with him lifting your leg .

[Dave-G]

Surely a farmer would expect some crop loss - but the funds from a shoot exceed the loss?

[scotslad]

If he's a tennant farmer he won't recieve any benefits from the shoot.

 

Really wil be case dependant, 2000 birds isn't a massive ammount (depending how big ur shoot is) but will depend on how many pens there in and how spread out they are.

I field of crops right beside a big releasing pen can get damaged sometimes if the crop is at a vulnerable stage when birds are released.

 

I would imagine land agents and estate factors will have to get involved to see if the claim is genuine. I'd possibly speak to Basc to get some info before u speak to land agents/farmer

 

I would of imagined wheat would of been past the stage of damge by time poults arrive and also hard to estimate damage and wot caused it now since its been harvested unless its this yers winter sown wheat

[ditchman]

i have seen this happen a few years ago...the farmer pesued the claim and involved a legal team and got paid..................

 

 

all i can say is if its starting to happento you.......its time to move on....unless you want to involve a legal team to contest it......

[Konnie]

The way to do this, and the farmer would do this in your position to a neighbour if he had spray drift or like.

 

Assess and mark the area he claims is damaged, whenit comes to harvest do this area last compare the yield ( weight) to the rest of the field per acre worked on the area marked pay the difference.

 

A- this will be minimal if plants are still visable,

 

B- he won't be bothered with the hastle,

[8 shot]

I beat on several estates and farms that put down 10's of thousands of pheasant and partridge and don't suffer any crop damage. He's just short of a few quid and if he's a tenant farmer his rent will be up for review about Christmas,may be looking for a little rent reduction

[scotslad]

I also have beat/picked up on some pretty big estates and most don't have any damage.

But that does not mean they can't damage a crop. More about having a pen sited close to a crop at a critical/vulnerable time. There has been many a game crop riuned by pheasants getting in to it to early/crop being slow.

But on the other hand that does not mean the farmer is not trying it on either or wether it is rabbit or deer damage or just poor weather/farming

 

Must admit i've never really heard of it at this time of year thou usually more associated with birds hanging about pens

[old'un]

A friend of mine was head keeper on a large estate of some 5000+ acres, most of the ground was farmed by tenant farmers, every year the estate office would get claims for crop damage, the estate always paid without question.

 

In your case I would ask the farmer to walk the ground with you and point out the crops and damaged areas, if its rape, it would take some severe damage to stop it hearting-up in February/March, do you know what the damage to his wheat is?

[dazb1967]

The Shoot I go beating on has suffered a lot of crop damage this year, the pheasants and ducks have wiped out 2 rape fields, the keeper is expecting a big bill coming this year

[old'un]

The Shoot I go beating on has suffered a lot of crop damage this year, the pheasants and ducks have wiped out 2 rape fields, the keeper is expecting a big bill coming this year

I find that hard to believe, what acreage?

[Stonepark]

Hi just wondered if anyone has any experience of claims against a shoot for crop damage. I'm hearing we could be face with a large bill for pheasant damage on rape and wheat !

This could be possibly be a few thousand pounds which in my eyes sounds crazy. Pheasants released were 2000 and after inspection of the land it's just like anyone else's rape. It's margin area is struggling to grow but I'd put that down to **** soil and water logged and pigeons deer etc.

Any info regarding this please shout up ,can they claim ?

 

Pheasants don't eat rape to any extent and don't dig up wheat seeds (they only scavenge from surface) and very few will pull up shoots.

 

Is your shoot responsible for controlling vermin (pigeons and deer), they do eat rape and rooks will pull up seedlings.

 

Farmer can only claim losses, not income (margin for both wheat and rape is about £300/ha)

[TIDES EDGE]

Sorry Stonepark pheasants do eat rape when it germinates which is usualy just when the pheasants start to come out of the release pen on mass we had to pay for a complete loss on a field next to our pen 3000 birds in it good job it was only a small field.

[Stonepark]

I stand corrected but have never experienced it personally

[Red-dot]

Judge Rinder would dismiss this case. No paper evidence?

[roebuck243]

Interesting,

So many different views and stories, thanks for input .

[Hendrix's rifle]

Judge Rinder would dismiss this case. No paper evidence?

[CharlieT]

I have claimed against a shoot on more than one occasion, each time successfully and I would add without any hassle.

 

Pheasants can cause serious damage to newly sown crops and thus impact on farm income, it is incumbent on the shoot to protect the farmer's crop or pay damages. So that there is never a misunderstanding over this issue, I have a crop damage clause written into my shoot lease agreements.

 

I would expect a shoot to pay up or face legal action. I would also expect the shoot to have insurance in place to cover such eventualities.

 

To the OP I would suggest he speaks to the farmer and comes to an agreement as to compensation and then writes a cheque. If you feel unable to do this or you suspect the farmer is overvaluing the damage you could employ a land agent to value the damage and use this figure as a base for your settlement.

[zipdog]

 

Pheasants don't eat rape to any extent and don't dig up wheat seeds (they only scavenge from surface) and very few will pull up shoots.

 

Is your shoot responsible for controlling vermin (pigeons and deer), they do eat rape and rooks will pull up seedlings.

 

Farmer can only claim losses, not income (margin for both wheat and rape is about £300/ha)

Not the case I'm afraid! You will pay the farmer out his loss of income. At this stage in the year he will have likely paid for all of his fertiliser, spray etc to farm the area now damaged by game birds. Therefore on the area damaged there will be less plants per acre and consequently need less fertilising etc, the left over will go to waste. Equally if he's not farming the area or able to travel at a quicker speed the farmer is still at a loss because that equipment and labour is now stood, when it would otherwise be earning income from the crop, but the finance on the tractor is still ticking, plus the mans wages!

 

To the OP just be carful how you approach it. The estate will probably have a land agent and it maybe worth contacting him. But shooting tenants pay far less rent than farming tenants and, depending on the tenancy, farming tenants are protected by legislation, meaning landlords cannot evict them for generations in some cases. This means any disputes and arguments with tenant farmers often results in the shooting tenancy coming to an end, no matter who was right or wrong!

 

Ps inviting the tenant farmer and the estates agent on a days shooting every year normally helps the job along a lot!!

Edited January 19, 2017 by zipdog

[panoma1]

As I understand it, once the pheasants are free to leave the pens they are classed in law as wild birds, if this is the case? No one can be held liable for damage caused by free roaming wild birds!

 

BASC (or any other shooting organisation?) should be able to confirm the legal position?

[Stonepark]

however, for a tenant suffering damage to their crops as a result of game in the form of a statutory right to claim compensation. The right under section 52 of the Agricultural Holdings (Scotland) Act 1991 applies to damage by deer, pheasants, partridge, black game and grouse so long as the tenant does not have permission to control the species causing the damage. The process is two-fold: firstly the tenant must serve written notice upon the landlord as soon as is practicable after the damage becomes apparent to the tenant, with the landlord being afforded a right to inspect the damaged crop in question. When the crop is growing, the landlord must be permitted a chance to inspect the damage before the crop is “reaped, raised or consumed”. When a crop has already been reaped or raised, the landlord must have an opportunity to inspect the crop before it is removed from the field in which the crop was growing. One can imagine the practical difficulties of this requirement were the tenant to discover the damage at harvest time when time is of the essence to move the crop off the fields.

The second part of the process entails serving a further written notice to the landlord no later than one month after the calendar year (or such other 12 month period as the landlord and tenant may agree, such as the lease year) in which the damage took place. The notice should include the particulars of the claim including the amount being claimed. A tenant is only entitled to recover compensation for damage above and beyond 12 pence per hectare of the area damaged by the game. In the absence of agreement, a tenant’s right of recourse is to the Scottish Land Court.

[Tomo-1]

The first thing I would do would be to get in touch with BASC for guidance. They have seen it all before and should be able to advise. That is, if you are a member of course. Good luck.

Edited January 19, 2017 by Tomo-1

[panoma1]

however, for a tenant suffering damage to their crops as a result of game in the form of a statutory right to claim compensation. The right under section 52 of the Agricultural Holdings (Scotland) Act 1991 applies to damage by deer, pheasants, partridge, black game and grouse so long as the tenant does not have permission to control the species causing the damage. The process is two-fold: firstly the tenant must serve written notice upon the landlord as soon as is practicable after the damage becomes apparent to the tenant, with the landlord being afforded a right to inspect the damaged crop in question. When the crop is growing, the landlord must be permitted a chance to inspect the damage before the crop is “reaped, raised or consumed”. When a crop has already been reaped or raised, the landlord must have an opportunity to inspect the crop before it is removed from the field in which the crop was growing. One can imagine the practical difficulties of this requirement were the tenant to discover the damage at harvest time when time is of the essence to move the crop off the fields.

The second part of the process entails serving a further written notice to the landlord no later than one month after the calendar year (or such other 12 month period as the landlord and tenant may agree, such as the lease year) in which the damage took place. The notice should include the particulars of the claim including the amount being claimed. A tenant is only entitled to recover compensation for damage above and beyond 12 pence per hectare of the area damaged by the game. In the absence of agreement, a tenant’s right of recourse is to the Scottish Land Court.

 

I think Scottish law and English law differ in this matter?

[zipdog]

Generally tenants are allowed to control vermin in order to prevent a crop loss claim being held against the landlord. Whist I do not know which piece of legislation covers it directly, I’m certain, and logically if a tenant is forbidden from taking game from a holding, and they are causing damage to his crops, this must be compensationable.

Edited January 19, 2017 by zipdog