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Boundry dispute
I'm after some general advise. I'm stuck with where to go. I need your advise. Please help if you can.
I'm the manager of a fishing lake that is an old quarry. The lake/land is owned by the MOD. It has been owned for 40 odd years. The lake is an oval for all intensive purposes. There is a path the whole way around. The path on the southern edge adjoins a farmers field. Our land and his land is separated by a hedge around 4ft wide. There is a 3 strand barb wire fence on his side of the hedge. He has no access to the lake or path without coming through the fence. The farmer believes the hedge and ditch ( our path, looks like a path) is his ( ive read about the hedge and ditch rule). But in the 40 years he has never walkd on the path/ditch or had need to access it. Not that we would stop him if he did. All has been well for many years, we have fished from that side of the bank etc... January this year the lake was attacked by otters. So we decide to put a fence up. I approached him first to talk to through and he said we coukd put the fence on the water edge on that side as he owned right up to the waters edge, but that we couldn't put the fence anywhere on the path as he owned it. I did a land registry search and the picture deeds shows a path around the back of the water. I brought this up with him and he says that there wrong. Now I know land registry is a guide, but his barb wire fence on his side of the hedge looks exactly where the boundry is on the plans.
Anyway, I offered to replace his barb wire fence with a strong stock fence, he said no. I offer to cut the 150m hedge every year for him, he said no. Basically it didn't matter what I said, he didn't care. In the mean time I'm loosing thousand in fish every year. I don't believe the land is his. He is not willing to provide any evidence it is his like I have. He said if I erect any fence he will use his tractor to rip it down as he actually has no access to the land, and in his own words, has never set foot or machine on the land ever. What do I do, where do I stand? What can I do? Many thanks
I'm the manager of a fishing lake that is an old quarry. The lake/land is owned by the MOD. It has been owned for 40 odd years. The lake is an oval for all intensive purposes. There is a path the whole way around. The path on the southern edge adjoins a farmers field. Our land and his land is separated by a hedge around 4ft wide. There is a 3 strand barb wire fence on his side of the hedge. He has no access to the lake or path without coming through the fence. The farmer believes the hedge and ditch ( our path, looks like a path) is his ( ive read about the hedge and ditch rule). But in the 40 years he has never walkd on the path/ditch or had need to access it. Not that we would stop him if he did. All has been well for many years, we have fished from that side of the bank etc... January this year the lake was attacked by otters. So we decide to put a fence up. I approached him first to talk to through and he said we coukd put the fence on the water edge on that side as he owned right up to the waters edge, but that we couldn't put the fence anywhere on the path as he owned it. I did a land registry search and the picture deeds shows a path around the back of the water. I brought this up with him and he says that there wrong. Now I know land registry is a guide, but his barb wire fence on his side of the hedge looks exactly where the boundry is on the plans.
Anyway, I offered to replace his barb wire fence with a strong stock fence, he said no. I offer to cut the 150m hedge every year for him, he said no. Basically it didn't matter what I said, he didn't care. In the mean time I'm loosing thousand in fish every year. I don't believe the land is his. He is not willing to provide any evidence it is his like I have. He said if I erect any fence he will use his tractor to rip it down as he actually has no access to the land, and in his own words, has never set foot or machine on the land ever. What do I do, where do I stand? What can I do? Many thanks
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