Summary: A boundary land-use dispute over the use of a paddock gate between a doctor & the local farmer.
Dr P bought an agricultural residential property and decided to block an entrance on the boundary of his property to create a secure paddock for his horses. Dr P thought nothing more of it. However, the local farmer was less than happy because he had used this boundary gate as a short cut to move his large herd of cattle everyday for several years, to one of his fields to graze. It was evident the previous owner of doctor’s property had never objected but it now meant the farmer would have to take his cattle round a much longer way to get to the field in question.
Of course the doctor was well within his rights to block the entrance to his paddock but the question was how much, if at all, did he value his relationship with the farmer and the local agricultural community?
While the party’s legal representatives focused on Land Registry and other submitted documentation, thinking outside the box was the simpler and more equitable solution. Agreement over this boundary land-use dispute was reached whereby the farmer continued to use the gate but paid a nominal annual fee to do so. The field was reconfigured creating a new access gate and secure paddock area.