Quick question: Walking on your land

Tenz

Quick question:
I recently bought a house in the country. I've lived in the neighbouring parish, in the middle of the countryside, all my life, but I'm new to this particular area.

I like to go walking... really like it. 1/2 hour walks would not be unusual, when I have the time. But I hate walking on the roads, because of the huge volume of traffic. So, I've taken to walking in the fields next to my house. I'm careful not to disturb any livestock. Being honest, I wouldn't even go into a field if I saw a bull in it. Bulls scare me! Also, I'm extremely careful with fences, and try not to damage them. Also (should go without saying), I woudldn't even dream of sueing anyone I fell or got hurt in any way.

If it was your land...
Would ye mind?
Am I bothering anyone?
I think not, but all the same, I'd just like to know what people think.
If you saw me walking across your land.... what would be running through your mind?

Greengrass1

Tenz wrote: »

Quick question:
I recently bought a house in the country. I've lived in the neighbouring parish, in the middle of the countryside, all my life, but I'm new to this particular area.

I like to go walking... really like it. 1/2 hour walks would not be unusual, when I have the time. But I hate walking on the roads, because of the huge volume of traffic. So, I've taken to walking in the fields next to my house. I'm careful not to disturb any livestock. Being honest, I wouldn't even go into a field if I saw a bull in it. Bulls scare me! Also, I'm extremely careful with fences, and try not to damage them. Also (should go without saying), I woudldn't even dream of sueing anyone I fell or got hurt in any way.

If it was your land...
Would ye mind?
Am I bothering anyone?
I think not, but all the same, I'd just like to know what people think.
If you saw me walking across your land.... what would be running through your mind?

How would you feel if someone was in your house with out your permission?
Best to find out who owns the field and ask them

mf240

Always best to ask. It makes all the difference.

Dont be daft

I'd be thinking, this lad has absolutely no manners.

Doesn't take much effort to ask.

Tenz

Fair enough... but....

I probably would have to find out about and ask about 6-7 ish landowners.

You see the temptation.. noone has ever even seen me. I don't mean to cause any harm. In fact, I once did a lad a favour, cause I found a sheep tangled in a fence, and freed her.

I'm just wondering.... if you saw me, would you just come over for a chat, or would you be instantly hostile?

Greengrass1

Tenz wrote: »

Fair enough... but....

I probably would have to find out about and ask about 6-7 ish landowners.

You see the temptation.. noone has ever even seen me. I don't mean to cause any harm. In fact, I once did a lad a favour, cause I found a sheep tangled in a fence, and freed her.

I'm just wondering.... if you saw me, would you just come over for a chat, or would you be instantly hostile?

Depends on the farmer really. Some farmers wouldn't care. In the likes of a stubble field maybe but others might like it. It just seems disrespectful tbh.

moy83

Tenz wrote: »

Fair enough... but....

I probably would have to find out about and ask about 6-7 ish landowners.

You see the temptation.. noone has ever even seen me. I don't mean to cause any harm. In fact, I once did a lad a favour, cause I found a sheep tangled in a fence, and freed her.

I'm just wondering.... if you saw me, would you just come over for a chat, or would you be instantly hostile?

I wouldn't be hostile , but I would politely tell you leave and not come back .

mf240

Tenz wrote: »

Fair enough... but....

I probably would have to find out about and ask about 6-7 ish landowners.

You see the temptation.. noone has ever even seen me. I don't mean to cause any harm. In fact, I once did a lad a favour, cause I found a sheep tangled in a fence, and freed her.

I'm just wondering.... if you saw me, would you just come over for a chat, or would you be instantly hostile?

If you found me sitting in your car some morning when you came out to go to work, would you be hostile towards me? Or would you give a lift?

darragh_haven

If you need to ask 7 or 8 farmers. Do. Most will have no problem if asked.
If someone asks me or my dad, they always get permission. If they haven't asked and we see them, there is a 50% chance of being told to get off the land asap. There is also a 50% chance of something not so civil happening

Tenz

Thanks for replies.
I'll probably give a ring around... with one exception.
There is a local English landowner.... I know without asking what her response would be. She's made her position clear before with neighbouring farmers.
It may seem ignorant, but.... f**K her.... I;m walking there anyway. Permission or no.

Genghis Cant

There are several issues at play here, not just disturbing livestock, livestock can be dangerous and a casual encounter can become a death trap in a matter of a few paces.
Biosecurity is a very real issue, spread/containment of disease.
Insurance, liability issues.
Damage, albeit inadvertant in many cases.

It's someone property, workplace and home. I'd like to be asked upfront that I can make a decision with due care. If not the decision is REVERSE!

Tenz

Reallly??
Disease?

f140

Tenz wrote: »

Fair enough... but....

I probably would have to find out about and ask about 6-7 ish landowners.

You see the temptation.. noone has ever even seen me. I don't mean to cause any harm. In fact, I once did a lad a favour, cause I found a sheep tangled in a fence, and freed her.

I'm just wondering.... if you saw me, would you just come over for a chat, or would you be instantly hostile?

some one might think its robbers if they see you walking in a distance on there land without being told and before you know it you could be seeing an angry farmer coming to greet you with a shot gun

Deepsouthwest

Tenz wrote: »

Thanks for replies.
I'll probably give a ring around... with one exception.
There is a local English landowner.... I know without asking what her response would be. She's made her position clear before with neighbouring farmers.
It may seem ignorant, but.... f**K her.... I;m walking there anyway. Permission or no.

That's a bit OTT, if a stranger took a shortcut through ur garden everyday without permission, how long before u would stop them? If they said "fcuk you, I'm walking through ur garden anyway" what would u think? If they slipped climbing over ur garden wall and broke they're leg, on ur property. How would u feel? You know the society we live in nowadays, personal injury claims etc. Can u blame a farmer for erring on the side of caution and saying no, regardless of how 'sound' u are?

Tenz

Fair enough... that's what i'd think if i saw fellas hanging around my back acre.

But if they came over and explained what the story was.... i'd be grand about it...

What dya think?

Tenz

She's not a farmer and she'd never even know I was there anyways. She's just being awkward...

Tenz

And on that note, we might just strike up a friendship!!

It just seems a little OTT to go ringing around to ask can I have a wander around the fields near my place.
I know if I was at home, it wouldn't be a problem.

But, that's what people seem to be saying on here. You need to ask first...That's why I came on to ask... if that's the way it is, grand. I'll ring around. Just don't want to seem weird.... ya know. Would prefer to meet people out while I was wandering around, and explain my story. I'd say they'd mostly know my parents anyway.

Deepsouthwest

Tenz wrote: »

Fair enough... that's what i'd think if i saw fellas hanging around my back acre.

But if they came over and explained what the story was.... i'd be grand about it...

What dya think?

Fair enough, but now you've given permission to these 'fellas' to continue hoping over ur wall and through ur garden at their will. Then when one of these 'fellas' breaks his leg, and makes a personal injury claim against u, as it happened on ur property, ur insurance company backs out, cos u were 'grand about it' and gave them permissions to walk through there, now u have no insurance and u pay out of ur own pocket. I know it's an extreme example, but by no means beyond the realms of possibility. I'm just trying to get u to see it from the farmers point of view, when a stranger asks for unconditional access to his land

knockmulliner

Tenz wrote: »

And on that note, we might just strike up a friendship!!

It just seems a little OTT to go ringing around to ask can I have a wander around the fields near my place.
I know if I was at home, it wouldn't be a problem.

But, that's what people seem to be saying on here. You need to ask first...That's why I came on to ask... if that's the way it is, grand. I'll ring around. Just don't want to seem weird.... ya know. Would prefer to meet people out while I was wandering around, and explain my story. I'd say they'd mostly know my parents anyway.

i wouldn't ring , I'd walk over to the yard and ask face to face, get a better response and maybe build up a bit of a relationship.

Zoo4m8

Tenz wrote: »

She's not a farmer and she'd never even know I was there anyways. She's just being awkward...

It's her property and she has a right to be any way she likes about it...whether you like it or not has nothing to do with it....end of..

Gordon

Tenz wrote: »

Fair enough... but....

I probably would have to find out about and ask about 6-7 ish landowners.

You see the temptation.. noone has ever even seen me. I don't mean to cause any harm. In fact, I once did a lad a favour, cause I found a sheep tangled in a fence, and freed her.

I'm just wondering.... if you saw me, would you just come over for a chat, or would you be instantly hostile?

Welcome to your new home, why not have a good long walk and meet with all of the landowners on a great introductory walk? Say hello and mention that you're a keen walker etc. if they are your neighbours, be neighbourly.

Tenz wrote: »

Thanks for replies.
I'll probably give a ring around... with one exception.
There is a local English landowner.... I know without asking what her response would be. She's made her position clear before with neighbouring farmers.
It may seem ignorant, but.... f**K her.... I;m walking there anyway. Permission or no.

Not cool in my opinion. It's her land, her property, you would be trespassing if you're there without permission, not a great way to start in the neighbourhood.

micraX

I was ploughing once and these random 2 people came in and went for a walk, gave me the dirtyest look as if to say 'what are you doing here ruining our walk'. The annoying thing is that ground is down a narrow private lane (gates at the end ) and true a yard..

Muckit

mf240 wrote: »

If you found me sitting in your car some morning when you came out to go to work, would you be hostile towards me? Or would you give a lift?

Sitting in while the car was heating in the drive, listening along to the radio.......

Farmer Pudsey

TBH in general I do not have an issue. People comparing it with a person going through there back yard is not quite the same. The real issue is if person is not aware that livestock are dangerous. Walking through the middle of a field where there are cows with a bull running with them. There are a club that come to do a bit of shooting/trials on a marchy ground which ajoins three frams mine included. They were doing it before I bought the place and since see no reason to stop them.

Maybe if I lived near a city or big town I be a bit more mindfull of it but TBH I live and let live. As all uninvited visitors are treated as treaspers I prefer if they did not ask me as I have no duty of care to them except to not deliberately harm them. If they asked and I gave premission they could sue if they sprained there big toe.

Bactidiaryl

Had a young fella and his da come to me a couple of years ago asking if they could drive the young fellas new quad around my farm now and then. I said no problem as long as you sign this declaration (covering all the usual dangers). That was the last I saw of them.

knockmulliner

Bactidiaryl wrote: »

Had a young fella and his da come to me a couple of years ago asking if they could drive the young fellas new quad around my farm now and then. I said no problem as long as you sign this declaration (covering all the usual dangers). That was the last I saw of them.

Pudsey point is very important, even a signed declaration that they "are there at their own risk" doesn't remove the landowners duty of care or possibly of a liability,

bikes

Bactidiaryl wrote: »

Had a young fella and his da come to me a couple of years ago asking if they could drive the young fellas new quad around my farm now and then. I said no problem as long as you sign this declaration (covering all the usual dangers). That was the last I saw of them.

Beware that declaration isn't worth the paper its written on.

bikes

I don't like people walking on my land without permission . I grew up and played as a child on the land, its like my back garden to me .I met a man walking with a riffle in a forest area behind the farm one day ,I wasn't impressed as he could have easily accidentally shot me or my dog.
I have a neighbour that lets everyone walk his land, he had an excavator at the back of his land (out of sight) and the diesel was stolen out of it, now it might not have been a walker that stole it but it could have been mentioned in passing to someone that there is a digger in the back fields.

A neighbour met me in the shop a few months ago and asked me could he and his son go shooting on my land, I said yes .He texts me each time he goes for a shot and theres no problem.

Farmer Pudsey

bikes wrote: »

I don't like people walking on my land without permission . I grew up and played as a child on the land, its like my back garden to me .I met a man walking with a riffle in a forest area behind the farm one day ,I wasn't impressed as he could have easily accidentally shot me or my dog.
I have a neighbour that lets everyone walk his land, he had an excavator at the back of his land (out of sight) and the diesel was stolen out of it, now it might not have been a walker that stole it but it could have been mentioned in passing to someone that there is a digger in the back fields.

A neighbour met me in the shop a few months ago and asked me could he and his son go shooting on my land, I said yes .He texts me each time he goes for a shot and theres no problem.

He is now an invited guest, he is texting you before he goes on land. If he shoots himself in the foot climbing over a wall or is chased by cattle then in theory he could claim. If he never asked premission he is a trespasser and you have less responsibility,

Sam Kade

I came across a man walking my land one time so I asked him where he came in, he said he came over the ditch down at the bottom of that field. I said go back down there again and climb back over the ditch again

Base price

I have followed this thread, what's the story about hunt insurance thread and the guy flying the model aeroplane thread, with interest.
As a landowner and semi part time farmer I can understand the concern regarding claims, but I thought the Occupiers Liability Act covered a lot of the recreational issues?
Has anyone here asked the Legal Discussion group on Boards about simular scenarios. Just wondering as that group seem to be fairly on the ball when it comes to the variables within the law.

bikes

Farmer Pudsey wrote: »

He is now an invited guest, he is texting you before he goes on land. If he shoots himself in the foot climbing over a wall or is chased by cattle then in theory he could claim. If he never asked premission he is a trespasser and you have less responsibility,

Good point, the neighbour is as honest as they come and I suppose its gone that bad you cant trust anyone.

Base price

bikes wrote: »

Good point, the neighbour is as honest as they come and I suppose its gone that bad you cant trust anyone.

Naive of me but has it gone that bad. I give permissions from time to time for people to shoot on the land (within Garda constraints) I allow 2 mounted hunts to cross it. However I don't allow the local gun club to claim it as a shooting right but have no problem with individual members shooting on it (after permission).

I like to fish and since my mother was born in Longford I have access to a fair bit of land that adjoins lakes/rivers be it neighbours, relatives or people who knew my grandparents. Thankfully I have never had any problem, but if I am not sure of the area where I am in, I always will call into the local farms to ask permission - just in case. It is only common courtesy - which seems to have died out during the Celtic Tiger years :mad:

gozunda

Base price wrote: »

I have followed this thread, what's the story about hunt insurance thread and the guy flying the model aeroplane thread, with interest.
As a landowner and semi part time farmer I can understand the concern regarding claims, but I thought the Occupiers Liability Act covered a lot of the recreational issues?
Has anyone here asked the Legal Discussion group on Boards about simular scenarios. Just wondering as that group seem to be fairly on the ball when it comes to the variables within the law.

I posted in other thread on this

gozunda wrote: »

I checked up on this a few years ago and the post below gives the correct legal standpoint ...

http://www.boards.ie/vbulletin/showpost.php?p=88060396&postcount=137
http://www.boards.ie/vbulletin/showpost.php?p=88063521&postcount=144

Farmer Pudsey

gozunda wrote: »

I posted in other thread on this

There is a different level of care provided for in the act regarding what are called invited guests, for instance a Postman is cosidered an invited guest. You have a greater duty of care to these. If an SFP inspection was taking place the onus is on you to make sure the people doing the inspection are safe. Hunts/shooting clubs in general have there own insurance an invidual you give premission to may not be a gun club member/hunt member and are they then an invited guest. You also have a duty of case to Minor's, so if an Adult and his/her 16 year old son are walking on your land and both fall and hurt them selves the adult is treated as a tresspasser but he/she could sue you on behalf of his 16 year son.