Can I tell someone to leave my property Ie Driveway/Garden

Snazzy_Chazzy

Just wondering, If someone comes onto your property (not actually inside but outside grounds behind your front wall and gate) and you do not want to interact with them. Have you the legal right to ask them to leave your land ( and send them back onto the footpath) If they fail to comply can you call the Guards?

DeltaWhite

Do you mean on the road outside your house or in your actual garden?

I was told by the guards years ago, that you don't own the land outside your garden. It's public property I.e the road & footpath!

Snazzy_Chazzy

DeltaWhite wrote: »

Do you mean on the road outside your house or in your actual garden?

I was told by the guards years ago, that you don't own the land outside your garden. It's public property I.e the road & footpath!

If they are like standing in your driveway, not the foot path, i know thats public property.

DeltaWhite

Snazzy_Chazzy wrote: »

If they are like standing in your driveway, not the foot path, i know thats public property.

Then they shouldn't be there if you don't want them to be
Bear in mind though the guards won't do much, no offence to them but in the past there has been similar problems with a neighbour on my road and they have never done anything about it!

GerardKeating

Snazzy_Chazzy wrote: »

Just wondering, If someone comes onto your property (not actually inside but outside grounds behind your front wall and gate) and you do not want to interact with them. Have you the legal right to ask them to leave your land ( and send them back onto the footpath) If they fail to comply can you call the Guards?

Once they are on your side of the proporty boundry , you can normally "ask" them to leave, there would be certain exceptions, Gardaí with a valid search warrent might be one.

Not sure how fast that Gardaí might respond to a call about non-violent tresspasser one does not want to interact with however.

mr lee

could a person use reasonable force to remove them from your property

Pat Mustard

See this thread.

Beethoven65

Hello All, from the Garda issues hell of Kilkenny, Ireland.

You all know Kilkenny as the Hen and Stag centre of Ireland...it's also the land of illegal trespass in cities, villages and remote areas, by all sorts of characters, and the Gardai, here, are too overwhelmed to deal with all the situations regarding Trespass that arise, until an outcome, usually negative, arises. So, we all learn about the Pardraig Nally versus a local Traveller case, really well, here, as it's all that protects home owners, and renters from being held criminally responsible for defending our person, and our property, from Imprisonment should Trespass, or harm, come to us.

I fell out with the Kilkenny Gardai over the Nally case, even though I once lived in Connemara, which is the TRESPASS CENTRE OF THE UNIVERSE, at least as far as Ireland is concerned, and, somehow, the Gardai manage the problem, much more diplomatically, than the Kilkenny Force does.

So: I know my relatives in the Legal Profession could explain this far more accurately than I, but, as a single person living alone...I can tell you what I define as TRESPASS, and the VERY THORNY ISSUE OF TRESPASS BY YOUTH...on my family's property.

THE SAFE CROSS CODE OF TRESSPASS

1 Don't hurry, stop and wait

2 When all who are entitled have passed your property, or entered it(like post men, esb, digital tv, milkman, etc)...LOOK ALL AROUND YOU

3 Only move towards the TRESSPASSER with great caution, don't hurry.

4 Ideally, from a distance, in the safety of your front door threshold...call out: This is Private Property, I don't know you...Please Leave

5 Close your front door and lock it...make sure that your windows are closed and your back door locked (a key issue in the Nally case...the Traveller who was deemed legally shot, entered through the rear door of Nally's cottage, which he didn't expect...or pre suppose to have locked)

6 If the person you consider a Trespasser continues to approach your house, or to walk around it, and look for an entry into it, or into a car, or a barn, or another vehicle, or to steal property...ring the gardai and, if you've my luck...start knitting, immediately, it'll take your mind off the stress of the situation, and, you'll have a jumper knitted by the time the Gardai reach your property...to them, you're in NO DANGER IF YOU'RE LOCKED INSIDE YOUR OWN HOME AND HAVE A TELEPHONE LINE...NO DANGER MEANS NO PRIORITY...UNLESS YOU LIVE IN DUBLIN 4, or have Castle Leslie as your home address.

7 Back to the Children's Rhyme of the Safe Cross Code: If you have video surveillance, make sure it's recording, or, ring your security company...that video will be key to any Legal Case you may take on Trespass, in the future...although, when I fell out of Love with the Kilkenny Gardai, a few weeks ago, it was because a local shop showed them a video in which I was seen being harassed by a young woman, on the premises and I refused to leave the premises until she did...as she'd attacked me, physically, when my back was turned to her, on my family's own property, more than a year earlier! For that, insisting the Gardai see the shop video, I scored a permanent RED CARD, and they do not answer my calls...yet, 3 Uniformed Gardai inspected my messy house, on the night I was harassed by the young woman in a shop nearby...I was harassed and investigated in my family's private home...I've never figured that one out...nor that THREE GARDAI INSPECTED MY KILKENNY HOME, without reason, or WARRANT...3 Bears...Tall, Medium and Small.

So, yes, report to the Gardai; Use a video recorder if you have a clear quality one...but the Gardai can't take possession of it...it'll be entered into evidence in any court case you may take. The video should print the date, day, and time of events, on each frame. Keep it in cool, dark place.:rolleyes: