Iarnród Éireann hedge cutting and my property

bugsntinas · 05-04-2014 12:11am #1

straight forward question:do ie have the right to come onto my property to renew the fence and trim hedgerow without my permission?

Jamie2k9 · 05-04-2014 12:15am

bugsntinas wrote: »

straight forward question:do ie have the right to come onto my property to renew the fence and trim hedgerow without my permission?

Not sure but I expect so, if safety of the running line could be compromised they are probably allowed.

Sheldons Brain · 05-04-2014 1:40am

What agreement was made when the line was built?

ted1 · 05-04-2014 1:48am

bugsntinas wrote: »

straight forward question:do ie have the right to come onto my property to renew the fence and trim hedgerow without my permission?

Its illegal to cut hedges this time of year.
http://iwt.ie/2013/03/irish-wildlife-trust-press-release-call-to-stop-illegal-hedge-cutting-goes-viral/

Report them

slimjimmc · 05-04-2014 2:53am

ted1 wrote: »

Its illegal to cut hedges this time of year.
http://iwt.ie/2013/03/irish-wildlife-trust-press-release-call-to-stop-illegal-hedge-cutting-goes-viral/

Report them

It's only illegal to unlawfully cut hedges at this time of year. The Wildlife Act allows for lawful cutting in certain circumstances, this one seems particularly relevant.

“(c) the cutting, grubbing or destroying of vegetation in the course of any works being duly carried out for reasons of public health or safety by a Minister of the Government or a body established or regulated by or under a statute;

http://www.irishstatutebook.ie/2000/en/act/pub/0038/sec0046.html#sec46

I think sections 48 & 49 respectively of the Transport (Railway Infrastructure) Act give IE the authority to enter any lands for maintenance and to cut hedges.
http://www.irishstatutebook.ie/2001/en/act/pub/0055/sec0048.html

kingshankly · 05-04-2014 3:06am

ted1 wrote: »

Its illegal to cut hedges this time of year.
http://iwt.ie/2013/03/irish-wildlife-trust-press-release-call-to-stop-illegal-hedge-cutting-goes-viral/

Report them

Hedges can't be cut at any time
What do you expect if a signal sighting is obstructed .

kingshankly · 05-04-2014 3:07am

bugsntinas wrote: »

straight forward question:do ie have the right to come onto my property to renew the fence and trim hedgerow without my permission?

Most of the time it's done by on track machines

monument · 05-04-2014 7:50am

bugsntinas wrote: »

straight forward question:do ie have the right to come onto my property to renew the fence and trim hedgerow without my permission?

Now that the legal question is answered above....

What exactly is your problem? Have they damaged your field or yard or garden, or what issue do you have?

corktina · 05-04-2014 8:39am

sure.your racehorses were straying all over the main line Bugsy..... :-)

Hilly Bill · 05-04-2014 5:20pm

bugsntinas wrote: »

straight forward question:do ie have the right to come onto my property to renew the fence and trim hedgerow without my permission?

Unless there has been a longstanding agreement regarding access then no they dont have a right .

What kind of property are we talking about here? Back garden? A field in the middle nowhere where they crossed to access the tracks?
Hedge cutting would be done from the trackside same with the fencing. The only time they would cross any private property is when there is an agreement in place with the landowner for access because its the closest point between the area of work and the point of parking the work van.

Hilly Bill · 05-04-2014 5:21pm

monument wrote: »

Now that the legal question is answered above....

What exactly is your problem? Have they damaged your field or yard or garden, or what issue do you have?

I think the issue is clear in the first post. Trespass.

corktina · 05-04-2014 5:31pm

you can sue for trespass if damage was caused, but I doubt cutting a hedge or mending a fence qualifies.

Fred Swanson · 05-04-2014 5:36pm

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corktina · 05-04-2014 5:44pm

But you can only recover damages, and if they did none?

Fred Swanson · 05-04-2014 5:47pm

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corktina · 05-04-2014 5:49pm

Have you a link to that? It's not that I don't believe you....well actually it is... :-)

Fred Swanson · 05-04-2014 5:51pm

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Morf · 05-04-2014 5:52pm

Fred Swanson wrote: »

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Who pays for Irish Rail's legal services? Does that cost €1?

Fred Swanson · 05-04-2014 5:53pm

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Hilly Bill · 05-04-2014 6:00pm

corktina wrote: »

you can sue for trespass if damage was caused, but I doubt cutting a hedge or mending a fence qualifies.

You can be sued for trespass on Irish Rail's property without having to damage anything. Same works both ways surely.

Hilly Bill · 05-04-2014 6:02pm

Morf wrote: »

Who pays for Irish Rail's legal services? Does that cost €1?

They have their own.

Fred Swanson · 05-04-2014 6:03pm

This post has been deleted.

Jamie2k9 · 05-04-2014 6:30pm

Hilly Bill wrote: »

You can be sued for trespass on Irish Rail's property without having to damage anything. Same works both ways surely.

There is no point in taking action against IE. Bet the OP is just after cash if he can get it.

What we have to ask is: Did the OP maintain his hedge as if he didn't then IE have grounds to trim and who broke the fence, IE have a duty to ensure safety and weather accessing land or not I would be very surprised if a judge ruled against IE.

Gatling · 05-04-2014 6:32pm

Nice to see the compo culture alive and well for some.

Fred Swanson · 05-04-2014 6:34pm

This post has been deleted.

Hilly Bill · 05-04-2014 6:50pm

Jamie2k9 wrote: »

There is no point in taking action against IE. Bet the OP is just after cash if he can get it.

What we have to ask is: Did the OP maintain his hedge as if he didn't then IE have grounds to trim and who broke the fence, IE have a duty to ensure safety and weather accessing land or not I would be very surprised if a judge ruled against IE.

If there was a safety issue then it could have been sorted from trackside.

monument · 05-04-2014 7:51pm

Under the Transport (Railway Infrastructure) Act, 2001, Irish Rail has the power to enter land to sort out urgent issues without notice if they deem that to be needed.

All issues of Irish Rail entering the land, including damages is covered under that act.

Hilly Bill wrote: »

If there was a safety issue then it could have been sorted from trackside.

How exactly are you sure of that?

Fred Swanson wrote: »

That is all well and good.

The problem is overcoming the tort of trespass. IE will always lose if they did not ask prior permission.

According to the fairly clearly written Transport (Railway Infrastructure) Act, 2001, you're wrong in the case of urgent works -- entering lands without permission is allowed.

bugsntinas · 05-04-2014 8:39pm

jamie2k9 and gatling it must be great to be so wrong it has bugger all to do with money or wanting money so here are some steps now get off ya high horse!!
they haven't been on my property yet to clear that up.the work is to replace the concrete post and wire fence,
.now it ain't urgent as they done the cork line from cork way up to or past charleville if i'm right but for some reason they left the neighbours garden our garden and the field next door so wasn't for safety.
the old fence is on a bank about 5 feet up but wrecked due to the hedgerow.they can't get within 10feet of said bank and I ain't giving it up for them to move the fence.
and corky the racehorse is safe!!!!

Hilly Bill · 05-04-2014 9:14pm

monument wrote: »

Under the Transport (Railway Infrastructure) Act, 2001, Irish Rail has the power to enter land to sort out urgent issues without notice if they deem that to be needed.

All issues of Irish Rail entering the land, including damages is covered under that act.

How exactly are you sure of that?

According to the fairly clearly written Transport (Railway Infrastructure) Act, 2001, you're wrong in the case of urgent works -- entering lands without permission is allowed.

Im very sure.

Hilly Bill · 05-04-2014 9:16pm

bugsntinas wrote: »

jamie2k9 and gatling it must be great to be so wrong it has bugger all to do with money or wanting money so here are some steps now get off ya high horse!!
they haven't been on my property yet to clear that up.the work is to replace the concrete post and wire fence,
.now it ain't urgent as they done the cork line from cork way up to or past charleville if i'm right but for some reason they left the neighbours garden our garden and the field next door so wasn't for safety.
the old fence is on a bank about 5 feet up but wrecked due to the hedgerow.they can't get within 10feet of said bank and I ain't giving it up for them to move the fence.
and corky the racehorse is safe!!!!

Why cant they get within 10ft of the bank and from where is the work being carried out ? what part is your property?

Jamie2k9 · 05-04-2014 9:25pm

bugsntinas wrote: »

jamie2k9 and gatling it must be great to be so wrong it has bugger all to do with money or wanting money so here are some steps now get off ya high horse!!
they haven't been on my property yet to clear that up.the work is to replace the concrete post and wire fence,
.now it ain't urgent as they done the cork line from cork way up to or past charleville if i'm right but for some reason they left the neighbours garden our garden and the field next door so wasn't for safety.
the old fence is on a bank about 5 feet up but wrecked due to the hedgerow.they can't get within 10feet of said bank and I ain't giving it up for them to move the fence.
and corky the racehorse is safe!!!!

You could of posted that in your opening post, if the hedge is more less blocking them etc maybe they feel it's not necessary to do work?

You could call them as ask them about it and even give the permission to access if they want to.

Iarnród Éireann hedge cutting and my property

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