Walking across farmland

terenurebob

When you are out walking is it legal to cross farmland or do you have to always get permission first? Also, can you hop over a gate and enter a forest or do you have to ask permission?

I never see any No Trespassing Signs or No Entry Signs so I am just wondering what the law/etiquette says about this?

Now of course I don't think a Guard would ever be called but I don't want to go around annoying farmers either.

Orion

If it's private land and there's no right of way then legally you'd be trespassing. You should ask permission first.

apoeiguq3094y

Most farmers don't mind people who are respectful when crossing land. If you are bringing a dog, however, that can always be a problem. This time of year is really bad as sheep are lambing.

• Its best to avoid any field with animals in it (regardless of whether you have a dog).
• If you open a gate, close it afterwards. If climbing a gate, climb it at the end it swings from.
• If climbing over a fence, don't damage the wire or stand on it. And don't put all your weight against a fence post.

The amount of people who break these common sense rules is crazy. People who damage fences should be legally allowed to be shot by the farmer. It can cost the farmer huge amounts of money in repairs, mixing of flocks/herds, and spread of disease.

BarryD

The Occupiers Liability Act 1995 was intended to address this problem in part by removing any liability from landowners for 'recreational visitors'. It created a new class of person called a 'recreational visitor' or along those lines - a person who enters on your land without your permission. In such a case, the landowner owns no particular duty of care to you, provided they don't deliberately set out to harm you. If a landowner invites you onto their land, they have a much greater degree of responsibility to you. Afaik this legislation spawned a lot of those 'You are now entering on farmland' signs.

Although only partly related to your question, it has a significant impact insofar, as if I say, cross someone's field without asking for permission, then legally they are in a much stronger position, if I say broke my leg. If I ask and they say OK, then they're legally worse off, as I could sue - which I wouldn't of course if it was my own fault.. but people do all the time. So it's a tricky one - one is technically trespassing but this is a civil matter - you can't be prosecuted for trespass.

Then there is the long standing but diminishing tradition of 'walking the land' in Ireland - a practice not just confined to members of a farming family but also to those in the community.

Of course, what is needed is proper legislation allowing for ready access to all land not directly within the curtilage of a residential house, unless of course they've built over a 'right of way'.

BarryD

apoeiguq3094y wrote: »

Most farmers don't mind people who are respectful when crossing land.... People who damage fences should be legally allowed to be shot by the farmer.

Well, I quite agree with the first sentiment but the second is disgraceful. Full Stop.

terenurebob

terenurebob wrote: »

Now of course I don't think a Guard would ever be called but I don't want to go around annoying farmers either.

A Garda can be called. In certain circumstances, particularly where allied with an allegation of damage (say to a gate or fence) or a public order issue (if there is a confrontation with an annoyed landowner) then in fact I would imagine that calling the Gardai would be a far more likely event than say Solicitors letter or civil proceedings. Having said that, couldn't see it going very far, criminal prosecutions for trespass are rare, a recent prosecution of an occupant in a local authority house in the midlands was thrown out.

Mickeroo

BarryD wrote: »

Although only partly related to your question, it has a significant impact insofar, as if I say, cross someone's field without asking for permission, then legally they are in a much stronger position, if I say broke my leg. If I ask and they say OK, then they're legally worse off, as I could sue - which I wouldn't of course if it was my own fault.. but people do all the time. So it's a tricky one - one is technically trespassing but this is a civil matter - you can't be prosecuted for trespass.

They still don't have much of a duty of care if you ask permission afaik, if they ask for money for whatever reason, be it parking or access then they have full duty of care.

Its never happened in Ireland that someone has been successfully sued by someone hurt on their land as far as I'm aware (so i was told in college anyway), so I wouldn't worry too much OP. Just be respectful to people's property and you've nothing to worry abot.

Mickeroo

Mickeroo wrote: »

Its never happened in Ireland that someone has been successfully sued by someone hurt on their land as far as I'm aware (so i was told in college anyway), so I wouldn't worry too much OP. Just be respectful to people's property and you've nothing to worry abot.

Hmmmm.

Think that was as wrong as could be. There have been some very famous cases, most famously Purtill v Athlone UDC and MacNamara v ESB, both involving kids, one accessing an abattoir and another an ESB substation.

I am not aware of successful cases since the 1995 Act mind you. On the other hand, any legal advisor would warn a farmer that even if they have legislation on their side, mounting a successful defence can prove extremely expensive so 'keep out' is an easier policy. Of course a farmer should have public liability insurance, but again that is no guarantee of indemnification in a specific case.

Mickeroo

Deleted User wrote: »

Hmmmm.

Think that was as wrong as could be. There have been some very famous cases, most famously Purtill v Athlone UDC and MacNamara v ESB, both involving kids, one accessing an abattoir and another an ESB substation.

I was talking in terms of walkers/recreational users taking farmers/landowners to court. Those cases are a different situation.

Longranger

apoeiguq3094y wrote: »

Most farmers don't mind people who are respectful when crossing land. If you are bringing a dog, however, that can always be a problem. This time of year is really bad as sheep are lambing.

• Its best to avoid any field with animals in it (regardless of whether you have a dog).
• If you open a gate, close it afterwards. If climbing a gate, climb it at the end it swings from.
• If climbing over a fence, don't damage the wire or stand on it. And don't put all your weight against a fence post.

The amount of people who break these common sense rules is crazy. People who damage fences should be legally allowed to be shot by the farmer. It can cost the farmer huge amounts of money in repairs, mixing of flocks/herds, and spread of disease.

"Should be allowed to be legally shot by farmers" :mad:
Stupid comments like yours fuel the problems faced by legitimate law abiding firearm owners in ireland. Cop on to yourself lad. All that will come from ignorant statements like that is trouble for the shooting community and VERY bad image for farmers. And your comment started out so well......