Ask a Solicitor: My neighbour keeps coming onto my farm – what can I do?

A boundary dispute does not grant a right to enter, writes rural solicitor Alex Krupa.

A boundary dispute does not grant a right to enter, writes rural solicitor Alex Krupa.

Dear Alex
I own a beef farm and have a difficult situation with a neighbouring landowner. Over the last two years, he has repeatedly entered onto my lands without permission.
Sometimes he walks through fields; other times, he drives machinery close to a boundary which he disputes. He has also been seen taking photographs and inspecting fences without first contacting me.
I have asked him several times to stop entering my property, but he insists that he is entitled to do so. To my knowledge, he has no right of way over my lands and there is no agreement between us permitting access.
Apart from the disruption, I am concerned about livestock welfare and the possibility of damage or an accident occurring on the farm. I do not want matters to escalate, but I am becoming increasingly frustrated. What are my rights and what steps should I take?

Dear Reader,

Trespass onto farmland is an issue that many landowners encounter at some point. While most neighbour disputes can be resolved through discussion, repeated unauthorised entry onto agricultural land should not be ignored.

In general terms, a landowner is entitled to exclusive possession of their property. Unless a person has your permission, a legal right of way or some other lawful entitlement to enter, they may be trespassing when they come onto your land.

Does the neighbour have a legitimate right?

The first step is to establish whether the neighbour has any legitimate right to be there. For example, some properties benefit from registered rights of way, rights to access water supplies or other easements that permit entry onto adjoining lands in limited circumstances. Your title documents and Land Registry maps may help clarify the position. There are also unregistered rights that have been established through long use. That usually means that some right has been exercised for at least 20 years without reducing it to writing.

If no such right exists, it is important to keep a record of incidents. Dates, times, photographs, CCTV footage and details of any conversations can all be useful if the matter later becomes more serious. A written record is often far more persuasive than relying on memory months or years later.

Where livestock are involved, unauthorised access can present particular concerns. Animals may become distressed, fences can be damaged and gates may be left open. The potential consequences can be significant, both from a farming and a safety perspective.

Writing a formal letter

In many cases, the most effective initial step is a solicitor’s letter. A formal letter can clearly set out your position, identify the nature of the trespass and require that the unauthorised entry cease. Frequently, disputes are resolved once parties realise that the matter is being treated seriously.

Boundary disputes are often at the heart of these disagreements.

If the neighbour believes that a boundary is incorrectly positioned, this does not automatically give them a right to enter your lands.

The appropriate course is usually to investigate the title documentation and, where necessary, engage surveyors to establish the correct position.

If the trespass continues despite requests to stop, legal remedies may be available. Depending on the circumstances, a court can grant an injunction preventing further trespass and can, in appropriate cases, award damages where loss has been suffered.

At the same time, it is generally advisable to avoid confrontation. Arguments at gateways or in fields rarely resolve matters and can sometimes make disputes worse. Communications should remain calm and professional, even where the behaviour of the other party is causing considerable frustration.

As with many rural disputes, the earlier the issue is addressed, the easier it is usually to resolve. Allowing repeated trespass to continue unchecked can often result in positions becoming entrenched and relationships between neighbours deteriorating further.

If you are satisfied that your neighbour has no legal entitlement to enter your farm and informal requests have been ignored, it would be sensible to obtain legal advice. An early assessment of the title position and a formal written warning may be sufficient to bring the matter to an end before more serious proceedings become necessary.

While good neighbourly relations are important in any rural community, every landowner is entitled to have their property rights respected and to carry on their farming business without unnecessary interference from others.