Iarnród Éireann hedge cutting and my property

bugsntinas

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

Jamie2k9

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

What agreement was made when the line was built?

ted1

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

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

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

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

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

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

Hilly Bill

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

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

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

Fred Swanson

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corktina

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

Fred Swanson

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corktina

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

Fred Swanson

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Morf

Fred Swanson wrote: »

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

Fred Swanson

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Hilly Bill

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

Morf wrote: »

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

They have their own.

Fred Swanson

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Jamie2k9

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

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

Fred Swanson

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Hilly Bill

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

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

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

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

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

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.

corktina

Airtricity knock on my door I can sue them? sweet! and the Jehovahs too?

Fred Swanson

This post has been deleted.

monument

Hilly Bill wrote: »

Im very sure.

You should get onto the OP you could be their star witness!

Hilly Bill wrote: »

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

Hmm... And you seemed so sure in your last post.

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!!!!

If a fence bordering a live railway line is damaged, then that's a safety issue.

If they have not attempted to do the work yet, they can still give notice saying that they will be doing so.

To stop them it would be up to you to bring a court challenge to try to stop them or add conditions. Even if you have the money it might not be worth the case given how the legislation is written.

bugsntinas

we've been living here for 7 years and I can tell the fence has been like it is for many years before also as said they must have done 10's of miles of fencing and just left our's and both side about 500 feet so can't be that urgent.
they can't get near the old fencing as I have the area built up.

monument

bugsntinas wrote: »

we've been living here for 7 years and I can tell the fence has been like it is for many years before also as said they must have done 10's of miles of fencing and just left our's and both side about 500 feet so can't be that urgent.
they can't get near the old fencing as I have the area built up.

Have they told you they are going to renew the fence?

Why do you not want them to renew the fence?

Once they give notice it does not have to be an urgent issue.

corktina

If they can't get tot the fence maybe they'll just renew it nearer the trackside. Score! (room for another racehorse)

bugsntinas

corktina wrote: »

If they can't get tot the fence maybe they'll just renew it nearer the trackside. Score! (room for another racehorse)

what is it with you and racehorses!!:p

corktina

I'm just jealous. (of the horses and of you having a rail line at the bottom of your garden!

bugsntinas

corktina wrote: »

I'm just jealous. (of the horses and of you having a rail line at the bottom of your garden!

the rail line is as boring as hell these days I wish we'd moved here when the beat etc was running.

TheBandicoot

So what exactly is the problem? Do you object to them doing the work or what?

whisky_galore

Still no wiser as to why their presence is so objectionable. Did they not shower in the mornings?:pac:

Hilly Bill

bugsntinas wrote: »

we've been living here for 7 years and I can tell the fence has been like it is for many years before also as said they must have done 10's of miles of fencing and just left our's and both side about 500 feet so can't be that urgent.
they can't get near the old fencing as I have the area built up.

Have you built past the line of the fence and blocked their right of way?

bugsntinas

Hilly Bill wrote: »

Have you built past the line of the fence and blocked their right of way?

nah not done any work.they have no right of way or access issues as it's just a bank with hedgerow/trees growing on it with fooked concrete posts.no issues with the line as it must be 10-20 feet from said bank.

as to why I ask just don't want them turning up and moving the boundary onto my property to suit themselves.

corktina

They can't move a boundary, they can only move a fence, and you can of course move it right back if it's on your property.

Hilly Bill

bugsntinas wrote: »

nah not done any work.they have no right of way or access issues as it's just a bank with hedgerow/trees growing on it with fooked concrete posts.no issues with the line as it must be 10-20 feet from said bank.

as to why I ask just don't want them turning up and moving the boundary onto my property to suit themselves.

They cant move the boundary onto your property. Irish Rail's property runs around 10 to 15 meters or so from the tracks.
You say that you havent done any work yet you said earlier that you had built up on it.
It may be easier if you posted a pic is possible.

bugsntinas

thanks for all the replies.i now have an idea where I stand and what to discuss with them.