Grazing a right of way

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7 years 6 months ago #527057 by LongRidge
Replied by LongRidge on topic Grazing a right of way
Our Power Board lines, just over the hill from you, do not have any easements over them. They were there before 1992 so I guess the Public Works Act covers them.
Cutting the neighbours power supply would be rather difficult unless you knew when the power goes. Underground has to be 1.5 m or more deep, and might not be along the roadway. If you go for an exploratory dig on the edges of the ROW the neighbours will likely complain because the ROW is likely 10 m wide, and can be anywhere in the ROW, and not necessarily under the road. If you dig up the road then you will be obstructing the ROW. :(

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6 years 9 months ago #534840 by Ditchfield
Replied by Ditchfield on topic Grazing a right of way
Hi. Just wondering if you ever resolved this. We are in exactly the same position with a very difficult neighbour. Even though a new tarred driveway has has now gone in at the other end of his property making the easement across our property a secondary entry/exit point, he deliberately drives over our property to open the gate to prove a point. I feel for you, it's very frustrating. Cheers J.

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6 years 9 months ago #534841 by Follyfootfarm
Hi Ditchfield. I have private messaged you.

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6 years 9 months ago #534868 by max2
Replied by max2 on topic Grazing a right of way
Couple of observations. If things got nasty after you installed the gate (and I would be peeved if the neighbours who moved in after us installed a gate on the RoW which I then had to get in and out of the car to open after not having to open a gate for the earlier years I have lived here for (an electric option would be fine as long as there was another installed at ''my'' end to keep your stock out) what is to stop the neighbour from leaving the gate open once they get back into the car to continue through?

How would you restrain the stock so they do not damage the car by being run over/into the animal?

Our RoW and easements have on the titles very clear measurements. I would be surprised if a RoW is half a acre wide on paper so it might pay to check by digging out your legal documents. I have just reminded someone what the width of ours is, because its not accurately presented by current fencing.

And thus lies the problem as I see it. In our case it is in writing on an officially registered document these are the rules. Like most things in life if everyone stuck to the ''rules'' and left other people and their belongings alone, we would all get on so much better.

The trouble is when people are buying a property, they get their heart set on things and don't listen to the nitty gritty being pointed out to them during the conveyancing process. So someone ends up causing upset to another and it snowballs. A RoW over someone's property definitely means some sort of loss of use to the owner, however there might be a ''trade off'" in other ways.

Your neighbours are the first point of assistance when something goes terribly wrong, they are the ones to be able to get to you or help before the police or ambulances can. You don't have to like your neighbours, but having mutual respect is a start. But do find out legally where you stand before putting a foot in the wrong place. Don't assume, take the time to find out through proper channels first.

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6 years 9 months ago #534888 by Follyfootfarm
Max2. This thread is over, i did not reopen it. The issue has been 'resolved' for the time being with compromises on both sides. I do not need any advice thank you especially from someone who is backing my neighbours side!

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6 years 9 months ago #534894 by max2
Replied by max2 on topic Grazing a right of way

Follyfootfarm wrote: Max2. This thread is over, i did not reopen it. The issue has been 'resolved' for the time being with compromises on both sides. I do not need any advice thank you especially from someone who is backing my neighbours side!


The thread was restored by Ditchfield on a public forum, the subject is of interest to many others we may not see passing through.

As we have had a recent ''issue'' (so not ''siding'' with your neighbour) I added my opinion and experience as I have a right to do being a member here. If others giving their experience and opinion offends you, then either scroll on by or delete the thread..

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6 years 9 months ago #534897 by LongRidge
Replied by LongRidge on topic Grazing a right of way
Follyfootfarm. The thread as it relates to you may well be over, and hopefully it is over well :-). But this topic is a never-ending issue, unfortunately, so the topic is not over, and never will be :-(. So the suggestions (nb not "advice" - you have to pay for that) that have been given to you and to Ditchfield relate to the topic, and not specifically to you.
Ditchfield, I took your message to meaning that someone that does not to need your part of the ROW is opening the shared gate that stops your animals from getting into a neighbours property, or even making it so that your animals could get onto a public road if this gate were open. If so there are many "nasty" things that you could do, like get your lawyer to write his lawyer a letter that his actions are a public nuisance, or get a trespass order so that he cannot open your gate (except to get his animals out of your place when they escape from his place), As max 2 says, your neighbours should be your most valuable assets, but they often aren't :-(. If you cannot sort it out amicably and do not want to be nasty, the least that I would do is tell the traffic part of the Police that someone is opening your gate so that your animals can escape, so you don't want to be liable for any deaths, injury, accidents or damage when this is done..
The following user(s) said Thank You: max2

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6 years 9 months ago - 6 years 9 months ago #534910 by Follyfootfarm
Sorry to have been inflammatory. The resurrection of this bought up some very strong feelings. Unfortunately this whole saga resulted in depression/anxiety/physical health issues needing medication. Without saying too much the steps taken by our neighbours were such that i was seriously thinking about walking out and just leaving the place, i could not even contemplate selling to another unfortunate person.

And being told by Max2 that I must be wrong about the size of the right of way etc. - I'm not stupid, we have a copy of the title showing the ROW and looked into all areas to be sure of our position. It really is a large area of land. The subdivision used existing paddocks and our ROW was basically a wide race with a ditch. There was a gate and a fence at the end originally which we simply reinstated.
The benefits of this not only include keeping stock in but also as a security measure to deter potential undesirables coming up to both our and our neighbours properties.

Anyway, apologies to all. And i can't work out how to delete the thread Longridge.
Last edit: 6 years 9 months ago by Follyfootfarm.

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6 years 9 months ago #534911 by max2
Replied by max2 on topic Grazing a right of way

Follyfootfarm wrote: Sorry to have been inflammatory. The resurrection of this bought up some very strong feelings. Unfortunately this whole saga resulted in depression/anxiety/physical health issues needing medication. Without saying too much the steps taken by our neighbours were such that i was seriously thinking about walking out and just leaving the place, i could not even contemplate selling to another unfortunate person.

And being told by Max2 that I must be wrong about the size of the right of way etc. - I'm not stupid, we have a copy of the title showing the ROW and looked into all areas to be sure of our position. It really is a large area of land. The subdivision used existing paddocks and our ROW was basically a wide race with a ditch. There was a gate and a fence at the end originally which we simply reinstated.
The benefits of this not only include keeping stock in but also as a security measure to deter potential undesirables coming up to both our and our neighbours properties.

Anyway, apologies to all. And i can't work out how to delete the thread Longridge.


I believe my wording (due to our experience with neighbour having no idea of the RoW measurement) was ''I would be surprised.....". I'm sorry if this has upset you and its been taken so personally. As you say its brought back old feelings which I can understand too.

Personally I think there should be a step before having to seek advice from the citizens advice bureau and perhaps subsequent court action. It has been mentioned on another thread how many times does this subject come up? Meaning that it affects a great many. To my mind it means that RoW's simply do not work as intended, too much conflict and unnecessary at that, is caused.

Perhaps if each property cannot have some sort of road frontage, the subdivision should never have been approved in the first place. Obviously too late for some of us now, but I hope planners have learnt from it.

(ps. our council inspector turned up yesterday in regard to another more pleasant matter and I spoke to him about our ''problem''. His exact words were ''how the .... are you supposed to come and go from your property if they do that...''. I have promised to keep him in the loop should we encounter further difficulties. For whatever that is worth.

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