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Trespassing

  • 03-05-2013 10:06pm
    #1
    Registered Users, Registered Users 2 Posts: 134 ✭✭


    Hi there

    First off I am not a farmer but would welcome advice from others who are on how to approach this.

    We own 5.5 acres. We live over 70miles from our land. Two years ago we were approached to rent it. We said 200E pa - which in my mind was reasonable. They said no. Now we have discovered that someone (same person I suspect) has been cutting hay and now has horses on it. We have no contact number at this stage and no idea how to get in touch.

    Any suggestions as to the approach we should take - personally I feel this is a criminal matter as if anything happens I have been advised legally that we could be liable insurance wise. However, OH wants to explore other options before going legal - any suggestions as I must say I am fuming!

    Thanks


Comments

  • Registered Users, Registered Users 2 Posts: 693 ✭✭✭slippy wicket


    Peppa wrote: »
    Hi there

    First off I am not a farmer but would welcome advice from others who are on how to approach this.

    We own 5.5 acres. We live over 70miles from our land. Two years ago we were approached to rent it. We said 200E pa - which in my mind was reasonable. They said no. Now we have discovered that someone (same person I suspect) has been cutting hay and now has horses on it. We have no contact number at this stage and no idea how to get in touch.

    Any suggestions as to the approach we should take - personally I feel this is a criminal matter as if anything happens I have been advised legally that we could be liable insurance wise. However, OH wants to explore other options before going legal - any suggestions as I must say I am fuming!

    Thanks

    First off call the pound and get the horses removed. After that put up no trespassing signs.
    Very important to keep someone like that out. The next thing they would be attempting to claim squatters rights.


  • Registered Users, Registered Users 2 Posts: 6,343 ✭✭✭bob charles


    Peppa wrote: »
    Hi there

    First off I am not a farmer but would welcome advice from others who are on how to approach this.

    We own 5.5 acres. We live over 70miles from our land. Two years ago we were approached to rent it. We said 200E pa - which in my mind was reasonable. They said no. Now we have discovered that someone (same person I suspect) has been cutting hay and now has horses on it. We have no contact number at this stage and no idea how to get in touch.

    Any suggestions as to the approach we should take - personally I feel this is a criminal matter as if anything happens I have been advised legally that we could be liable insurance wise. However, OH wants to explore other options before going legal - any suggestions as I must say I am fuming!

    Thanks

    So you wanted €200 per acre to rent per year 5 years ago and then you didnt bother renting or looking at it for five years. :confused: If you had asked a reasonable rent you probably wouldnt have such problems now. You may have now got to deal with some lovely people


  • Closed Accounts Posts: 8,570 ✭✭✭Rovi


    So you wanted €200 per acre to rent per year 5 years ago and then you didnt bother renting or looking at it for five years. :confused: If you had asked a reasonable rent you probably wouldnt have such problems now. You may have now got to deal with some lovely people

    I read it to mean €200/pa for the whole 5.5 acres, to be honest, but it's not entirely clear. Perhaps the OP might clarify?


  • Registered Users, Registered Users 2 Posts: 1,209 ✭✭✭KatyMac


    Get the horses removed immediately by Council pound. Lock gates. Put up signs. And either deal with it by getting a person to rent it properly and therefore they will mind it, sell it or at the very least visit it every couple of weeks. It's mad not to put it to some sort of use! Even renting it to someone with horses would be preferable to leaving it unattended.


  • Closed Accounts Posts: 179 ✭✭Massey10


    Peppa wrote: »
    Hi there

    First off I am not a farmer but would welcome advice from others who are on how to approach this.

    We own 5.5 acres. We live over 70miles from our land. Two years ago we were approached to rent it. We said 200E pa - which in my mind was reasonable. They said no. Now we have discovered that someone (same person I suspect) has been cutting hay and now has horses on it. We have no contact number at this stage and no idea how to get in touch.

    Any suggestions as to the approach we should take - personally I feel this is a criminal matter as if anything happens I have been advised legally that we could be liable insurance wise. However, OH wants to explore other options before going legal - any suggestions as I must say I am fuming!

    Thanks
    Wasting your time going the legal road just get some local letting agent to get a farmer to rent it .


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  • Registered Users, Registered Users 2 Posts: 859 ✭✭✭jomoloney


    So you wanted €200 per acre to rent per year 5 years ago and then you didnt bother renting or looking at it for five years. :confused: If you had asked a reasonable rent you probably wouldnt have such problems now. You may have now got to deal with some lovely people

    whatever he/she asked their business , doesn't give some tulip right to trespass


  • Registered Users, Registered Users 2 Posts: 6,343 ✭✭✭bob charles


    jomoloney wrote: »
    whatever he/she asked their business , doesn't give some tulip right to trespass

    that wasnt my point, they asked first for 200 ac year to rent, and then when the farmer refused didnt bother going getting another client. If they had asked 125ac per year they would have banked 725 ac over the 5 years and now not have this problem. most untenanted land around here is taken over by certain tulips as you call them


  • Closed Accounts Posts: 14,241 ✭✭✭✭Kovu


    that wasnt my point, they asked first for 200 ac year to rent, and then when the farmer refused didnt bother going getting another client. If they had asked 125ac per year they would have banked 725 ac over the 5 years and now not have this problem. most untenanted land around here is taken over by certain tulips as you call them

    Where are you getting the 5 years :confused:

    OP said 2 years ago in the post.


  • Closed Accounts Posts: 4,949 ✭✭✭delaval


    Peppa wrote: »
    Hi there

    First off I am not a farmer but would welcome advice from others who are on how to approach this.

    We own 5.5 acres. We live over 70miles from our land. Two years ago we were approached to rent it. We said 200E pa - which in my mind was reasonable. They said no. Now we have discovered that someone (same person I suspect) has been cutting hay and now has horses on it. We have no contact number at this stage and no idea how to get in touch.

    Any suggestions as to the approach we should take - personally I feel this is a criminal matter as if anything happens I have been advised legally that we could be liable insurance wise. However, OH wants to explore other options before going legal - any suggestions as I must say I am fuming!

    Thanks

    I presume that ad you seem to have forgotten about this ground for a few years, would I be correct in concluding that you do not have insurance. You'll get loads of advice here but I would suggest that first thing Tues am get public liability insurance on this property


  • Registered Users, Registered Users 2 Posts: 35 hould on hey


    So you wanted €200 per acre to rent per year 5 years ago and then you didnt bother renting or looking at it for five years. :confused: If you had asked a reasonable rent you probably wouldnt have such problems now. You may have now got to deal with some lovely people

    Pa means PER ANNUM not per acre

    The whole lot for €200 per acre pa (per year)


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  • Registered Users, Registered Users 2 Posts: 35 hould on hey


    If you rent it To someone for €1 per year they Can never claim squatters rights , if you simply let them use it they Can claim it as soon as Your back is turned And Your driving back To Your Home 70 miles away.

    They normally have To use it uncontested for 12 years (I could stand To be corrected on this) before they Can lodge a claim ,but hey who's To say they haven't being using it for 12 or more years ,its an argument for a court Room if it goes that far.

    Normally if The animals Are pounded it frightens them away


  • Registered Users, Registered Users 2 Posts: 134 ✭✭Peppa


    Thanks to those who replied and just to clarify:

    1. We bought it to build and live, circumstances dictated we couldn't as the bank would not give us the money to build. We cannot sell it as it would not cover what we owe and the bank would demand we pay them in full if we sell the asset that the mortgage is on, so we are in a catch 22 situation and yes we still have the dream of moving there.

    2. We asked for 200 for the entire 5.5 acres as that would cover our legal fees to get something in writing. There are both sheds and a spring on this land so we were advised that this was more than reasonable.

    3. We pay a mortgage every month for this land so we could not forget it for the last 5 years we are just not in a position to do anything with it.

    4. I would rent it if someone wanted it - we did ask around initially but didn't get anyone interested, however we will try this again now.

    5. I am loathe to call the pound as I fear the animals would just be destroyed but if that is the only way we may have to consider it.

    6. Would anyone have any idea how much would public liability insurance costs?


  • Registered Users, Registered Users 2 Posts: 6,343 ✭✭✭bob charles


    Peppa wrote: »
    Thanks to those who replied and just to clarify:

    1. We bought it to build and live, circumstances dictated we couldn't as the bank would not give us the money to build. We cannot sell it as it would not cover what we owe and the bank would demand we pay them in full so we are in a catch 22 situation and yes we still have the dream of moving there.

    2. We asked for 200 for the entire 5.5 acres as that would cover our legal fees to get something in writing. There are both sheds a spring on this land so we were advised that this was more than reasonable.

    3. As we pay a mortgage for this land every month for the land we have not forgotten it for the last 5 years we just can't do anything with it.

    4. I would rent it if someone wanted it - we did ask around initially but didn't get anyone but we will try this again now.

    5. I am loathe to call the pound as I fear the animals would just be destroyed but if that is the only way we will have to consider it.

    6. Would anyone have any idea how much would public liability insurance costs?

    If you approached who ever was in the land to rent it for €200 for the entire lot and they refused then your best to forget about this messer. Surly if the land is any good, which we will assume it okay, a local farmer should be interested in leasing it for €100+ per ac. Would you be able to get the ground insured added under your house policy, Shouldnt cost much to insure it.


  • Registered Users, Registered Users 2 Posts: 134 ✭✭Peppa


    Thanks for that, I am looking up local agents as I type and first thing on Tues I will contact the bank to see if I can add it to my current insurance.


  • Registered Users, Registered Users 2 Posts: 4,677 ✭✭✭stanflt


    Peppa wrote: »
    Thanks for that, I am looking up local agents as I type and first thing on Tues I will contact the bank to see if I can add it to my current insurance.


    where is the land roughly situated


  • Registered Users, Registered Users 2 Posts: 6,343 ✭✭✭bob charles



    Give Pat Kenny a right on Tuesday, he knows all the ends and outs of being a successful squatter.


  • Registered Users, Registered Users 2 Posts: 6,343 ✭✭✭bob charles


    Peppa wrote: »
    Thanks for that, I am looking up local agents as I type and first thing on Tues I will contact the bank to see if I can add it to my current insurance.

    You could do that but you could also make up a few A4 posters and post them in the local coop store or mart. Look for reference if someone replies and go take a look at there place. its usually easy spot a messer and non payer.


  • Registered Users, Registered Users 2 Posts: 37 joehig


    sort this out as soon as possible. tending too the land is a defence in court for squatters rights


  • Registered Users, Registered Users 2 Posts: 6,135 ✭✭✭kowtow


    Peppa wrote: »
    Thanks for that, I am looking up local agents as I type and first thing on Tues I will contact the bank to see if I can add it to my current insurance.

    Which end of the country is it?

    Plenty of good tenants looking for land... bugs me to think of people squatting on it!


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  • Registered Users, Registered Users 2 Posts: 442 ✭✭Dont be daft


    We've a place rented for a very reasonable rate because of a group of certain undesirables who were keeping horses there for years.

    Get in a good livestock farmer that will be down checking his stock everyday and what you essentially have is a watchman who maintains the place AND he pays you!

    But be warned we've also taken a place this year that the previous tenant wasn't let back into despite offering several thousand more in rent. If you think a squatter is bad news, a rogue tenant can be just as bad.


  • Registered Users, Registered Users 2 Posts: 16 Jcb1968


    Pay someone €100 to plough the field, and leave it at that, the horses will soon disappear😊😄


  • Registered Users, Registered Users 2 Posts: 2,663 ✭✭✭20silkcut


    Just found evidence of a horse and sulky been in a newly re-seeded field of mine this evening. No gate on the field made a new entrance in the ditch this year. There will be a gate there first thing in the morning. Some cheek went right down the middle of it and done a u turn and back out again.


  • Closed Accounts Posts: 1,242 ✭✭✭iverjohnston


    What a pity the grass harrow wasn't lying inside the gateway. But they would probably have brought it as well!


  • Closed Accounts Posts: 3,551 ✭✭✭keep going


    20silkcut wrote: »
    Just found evidence of a horse and sulky been in a newly re-seeded field of mine this evening. No gate on the field made a new entrance in the ditch this year. There will be a gate there first thing in the morning. Some cheek went right down the middle of it and done a u turn and back out again.

    this is something the horsey crowd do regularly around here if there is a gate left open:mad:.as for original poster rent it to some local good reputable farmer and he will mind it for you.had people approach me today under similar circumstances to rent their land from them-they just want looked after and looking good-only problem is they dont want any animals on it after the carry on with the horses


  • Registered Users, Registered Users 2 Posts: 134 ✭✭Peppa


    Just to say thanks to you all for your help - we have now rented it for a nominal rent to a local farmer who will keep an eye on it and prevent anymore cutting of trees (yep we discovered a lot of tress cut down too) or unwanted trespassers.


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