Boundary question?

gbob

Farmer friend looking for an answer, his land is bordered by a river that is maintained by the opw, I don't know if there is currently a fence or whether its a fence that needs maintaining he's asking about but if anyone can shed some light as to who's responsible for fencing/maintaining he'd be very appreciative.

Thanks

johnboy6930

if he owns the land around that the river flows through.i would say he would be responsible for the fence

gbob

Thanks johnboy, I don't think he owns the land on the other side so his land would end on the bank? Does the opw have responsibility for a certain distance from rivers edge?

LostCovey

gbob wrote: »

Thanks johnboy, I don't think he owns the land on the other side so his land would end on the bank? Does the opw have responsibility for a certain distance from rivers edge?

Rivers are different & complicated!

Sometimes the landowner owns the river, half of it or none of it.

I think he needs to bring his deeds to a solicitor.

LC

Bizzum

I would think irrespective of owenership of the river the farmer would have an obligation to contain his stock.
In relation to an OPW maintained chanel, I think as a general rule of thumb they replace existing fencing if they have to remove it for drainage purposes. If they can work away around the fence they will too.

5live

Bizzum wrote: »

I would think irrespective of owenership of the river the farmer would have an obligation to contain his stock.
In relation to an OPW maintained chanel, I think as a general rule of thumb they replace existing fencing if they have to remove it for drainage purposes. If they can work away around the fence they will too.

A farmer has the responsibility of keeping his stock inside his boundaries at all times.

As to OPW replacing fencing, you are having a laugh. Every time they come in here to 'maintain' the river, about a mile of fence wire disappears under stone and weeds. I now have to take photos of the entire bounds when they are about to enter to have any chance of them not burying all the wire and breaking every stake there. It takes numerous phone calls and a solicitors letter last time to get the bounds repaired

Bizzum

5live wrote: »

A farmer has the responsibility of keeping his stock inside his boundaries at all times.

As to OPW replacing fencing, you are having a laugh. Every time they come in here to 'maintain' the river, about a mile of fence wire disappears under stone and weeds. I now have to take photos of the entire bounds when they are about to enter to have any chance of them not burying all the wire and breaking every stake there. It takes numerous phone calls and a solicitors letter last time to get the bounds repaired

I won't argue with you on this. None of our land bounds OPW chanels, thankfully! I do see the OPW out and about fencing and I have often spoke to them on the topic but I suppose it's a different matter when you're dealing with them.

MfMan

Must rivers be fenced now? If in REPS yes, but what about if you're not in or finished with REPS?

5live

MfMan wrote: »

Must rivers be fenced now? If in REPS yes, but what about if you're not in or finished with REPS?

All i know is you must keep your animals on your property at all times. Just out of reps 3 so must move fences back in to edge of the river and afaik once the animals dont trespass or you dont have animals then you have no problem. And unlike reps3, temporary fencing is ok

But saying that, i must ring my planner just to make sure what the rules actually are

5live

Bizzum wrote: »

I won't argue with you on this. None of our land bounds OPW chanels, thankfully! I do see the OPW out and about fencing and I have often spoke to them on the topic but I suppose it's a different matter when you're dealing with them.

Sorry for getting on a rant but the OPW due back again this year and now the new wetlands SI is getting under my skin too. Apologies on the tone, it wasnt directed at you:o

Bizzum

5live wrote: »

Sorry for getting on a rant but the OPW due back again this year and now the new wetlands SI is getting under my skin too. Apologies on the tone, it wasnt directed at you:o

Not a bother on your tone.
I know it can be frustrating dealing with some of these bodies, I deal quite a bit with the OPW too, but not in relation to our own land.
I do know they are getting it harder and harder to be 'indescriminate' and are under orders from many vested interests nowadays.
Nothing like a few photo's to tighten the dung in them!

blue5000

I'm inclined to agree with Lost on this one, it should be clearly marked on deeds map where the boundary is.

Reps has made it awkward though as people who 'own' the river had to fence cattle away from the river, leading to confusion now that ppl are finishing up in reps 3.