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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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We have some pasture land attached to our property (around

Resolved Question:

We have some pasture land attached to our property (around 6 acres) which we have owned for the past 8 years. During that time we have allowed our neighbouring farmer to graze his sheep on our land from time to time. In return he has occasionally cut our hedgerows for us however he has never paid any rent to us as we were keen to ensure that no tenancy be implied between he and us. In addition to this, we drafted a letter for him to sign with a copy of our registered plan of the land which confirmed that he had no rights whatsoever, whether as a tenant or otherwise, over any of the land. I'm concerned however as to whether or not we should have some formal grazing agreement in place? Is there any possibility of him asserting that he has some rights over the land either grazing or via adverse possession for instance? We are soon to be selling the house with the land also and I don't want to find we have any issues raised by him in respect of rights which he believes he has accrued
Submitted: 7 years ago.
Category: UK Law
Expert:  Thomas replied 7 years ago.


Thanks for your question.

He would have to use the land for twenty years in order to acquire a legal right to graze by prescription

He would not be able to claim adverse possession unless he had continuously used the land for either 10 or 12 years depending on whether the land is registered or not and you would be able to object so there is no problem there.

You should consider getting a local solicitor to draw up a statutory declaration for the farmer to swear in front of a solicitor or commissioner for oaths stating that he has not acquired and will not acquire a right to graze on the land. This will suffice for any prospective purchaser of the land.

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