Grazing a right of way

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7 years 6 months ago #526889 by Muz1
Replied by Muz1 on topic Grazing a right of way
I graze the road side with sheep and use electrified netting. If the width of grass allows room between the road and fence for grazing then this might be an answer to keep the sheep off the road and keep the grass down and to leave gates open. The sheep learn quickly where the new fresh grass is and happily cross our road and go into the fenced area. Lambs have learn't quickly also when still with mums. I only have them out through the day and provide water in a bucket. I shift the netting to a new break each day until the area is grazed down.
The old bread or nuts training works well for the initial shifts.

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7 years 6 months ago #526890 by Follyfootfarm
Hi Muz1, so you have no problems with the sheep respecting the electrified netting?
The neighbour wanted us to strip graze it but we thought that sheep don't generally stay behind electric fences?

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7 years 6 months ago #526891 by Stikkibeek
Replied by Stikkibeek on topic Grazing a right of way
There's also the electric gate option with a solar powered battery and remotes, one of which you could give to the neighbour.

Did you know, that what you thought I said, was not what I meant :S

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7 years 6 months ago #526894 by Muz1
Replied by Muz1 on topic Grazing a right of way
I have no problem so long as the portable fencer has good batteries and a good earth. I can get away with the fence off for a day so long as there is enough feed that they don't have to try and push through. (I do this when lambs are very small in case they get caught in the netting)
The netting is long enough to give 10-12 mxd aged sheep enough for a day's feeding when using the existing boundary fence as one side of the enclosure.
The boundary fence needs to be sheep proof-in one area I run some wire netting along the dairy cow fence to be sure.
If there is a dip or rise I use plastic tread-ins to hold up or down.
I'm lucky not to have a jumper amongst my flock. A neighbour had a mad-eyed black ram that could jump a standard netting gate so the netting fence would have no chance of keeping such an animal in.

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7 years 6 months ago #526895 by LongRidge
Replied by LongRidge on topic Grazing a right of way
I have a very experienced neighbour that swears by flexible electric netting, and his sheep tend to not get caught in it. But I have heard about untrained sheep getting snared and electrocuted. So if you use this method, train your sheep to learn that the netting bites, while you are close enough to keep a watch over them.
If the gate into the neighbours swings into their place, then the amount of poo to dodge on the drive is nearly nothing (about 1/2 the length of the vehicle). Perhaps provide them with a couple of lengths of 300 x 25 mm planks, with 100 x 25 underneath so that the plank is above ground and so makes a noise so the sheep won't want to walk on it.
Cattle stops will dissuade sheep that are not being run towards it, and if the sheep are not jumpers, and if the food is not better on the other side .... which it would be because the neighbours won't keep it mown or sprayed.

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7 years 6 months ago #526901 by muri
Replied by muri on topic Grazing a right of way

Follyfootfarm wrote: I
In that case does anybody ever 'own' a right of way? I had the idea of 'selling' it to our neighbour for say $1 and then that takes any legal liability off us maybe?

You cannot sell your rights to your neighbour as then they could prevent you from using it. Every property must have a legal access.
A ROW is never a pleasant thing to experience when there is disagreement
My neighbour said he didnt like the poo on the driveway as he drove in - despite the fact he grazed his own driveway and far more intensely than the sheep I had on our joint drive. I used to go down and rake the poo off before he came home, problem solved. Took a minute, nice little walk and a chance to chat to the sheep as well when they were on the shared drive

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7 years 6 months ago #526906 by spark
Replied by spark on topic Grazing a right of way
If you were to "sell" the ROW to the neighbour, I think that you would need to have a clause in the contract which results in an easement on the title for the ROW granting your parcel of land the right to use the ROW (so that you can continue to use it once it is owned by the neighbour). You and your neighbour would of course need lawyers ($$$) to do this...

Regarding the issue of the fire hazard of long dry grass in summer + fuel burning vehicles in close proximity, have you had a chat with your neighbours about this (a ROW fire is a threat to neighbouring properties too) and suggested that to save those responsible for the maintenance of the ROW the time and expense of mowing or spraying or paving etc the grass, that instead, you can keep the grass under control by grazing your livestock, and all that the other ROW users would have to do is occasionally negotiate the gate or the electric netting on the side of the ROW which you are grazing etc

Good luck.

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7 years 6 months ago #526910 by Hawkspur
Replied by Hawkspur on topic Grazing a right of way
This makes interesting reading:
www.nzdrc.co.nz/site/commercialdisputes/...03%20July%202012.pdf

Often, a gate is not regarded as an impediment to a right of way, if it is unlocked, but occasionally a gate may be an impediment, say if a business is trying to operate and the gate are closed during business hours, or the gates are significantly affecting use of the ROW as an access.

If you are mostly leaving gates open, but occasionally requiring the gates be closed so you can graze, it wouldn't seem to be a big impediment.

You can graze your land. You own the ROW. How you manage it needs to be considerate. I wouldn't regard having to close a gate or two for a few weeks a year as a huge problem, but if I had a lot of clients who also had to do this to get to me, it would be different.

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7 years 6 months ago - 6 years 9 months ago #526917 by Follyfootfarm
Update. Husband has spoken to our lawyer who advises a gate is not an impediment and we are legally able to graze/use our land.
Last edit: 6 years 9 months ago by Follyfootfarm.

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7 years 6 months ago #526925 by muri
Replied by muri on topic Grazing a right of way
Do you need an easement to take power over someone elses property, I didnt think you did. ?
Electrticity companies need an easement when they are taking major services over land
At my last place my power went over several other properties and there were no easements either

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7 years 6 months ago - 7 years 6 months ago #526929 by tonybaker
Replied by tonybaker on topic Grazing a right of way
I think there will be an automatic easement under the Electricity Act 1992. You can use and enjoy the driveway but cannot obstruct the same in any way. You cannot restrict any of those rights by either blocking off access or causing an obstruction. A gate is an obstruction.

5 acres, Ferguson 35X and implements, Hanmay pto shredder, BMW Z3, Countax ride on mower, chooks, Dorper and Wiltshire sheep. Bosky wood burning central heating stove and radiators. Retro caravan. Growing our own food and preserving it. Small vineyard, crap wine. :)
Last edit: 7 years 6 months ago by tonybaker.

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7 years 6 months ago #526931 by Follyfootfarm
There are easements for neighbouring properties in the subdivision specifically noted on our title for power, phone etc.
The property in front of us (currently for sale) has an easement for power noted on our title but the electricity easement has been crossed off for the neighbour in question.
Are you our neighbour in disguise Tony Baker??!! A grass fire could be a b****y big obstruction too.

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7 years 6 months ago #526933 by Stikkibeek
Replied by Stikkibeek on topic Grazing a right of way
Actually fires can be a real danger in the face of insurance and the blame game. Recent legislation I read, could make you liable for the loss of someone else's home, or pine plantation, or other, if the ignition point is on your place. From what I remember of that legislation, it doesn't matter if your neighbour throws a cigarette out the window of his car and causes the fire that burns down his home. You are still liable since the fire started on your place.

Did you know, that what you thought I said, was not what I meant :S

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7 years 6 months ago #526934 by Hawkspur
Replied by Hawkspur on topic Grazing a right of way

tonybaker wrote: I think there will be an automatic easement under the Electricity Act 1992. You can use and enjoy the driveway but cannot obstruct the same in any way. You cannot restrict any of those rights by either blocking off access or causing an obstruction. A gate is an obstruction.


In many legal cases referred to in the link above, a gate has been determined to not be an obstruction, because it isn't locked and can be readily opened.
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7 years 6 months ago #526950 by arnie.m
Replied by arnie.m on topic Grazing a right of way
This will not be the power board wiring but the land owners line from the power boards nearest pole, therefore they would need an easement. All power board lines around us have easements over private land. including part of ours.

arnie
88 Valley
Nelson
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