Farmer brought a digger onto my land

beveragelady

Obviously I'm going to get onto my solicitor as soon as she's back from her holidays but I thought I'd see what people here had to say first.

A neighbouring farmer who happens to be a notorious pi55taker brought a fella with a digger onto a patch of land that I own. He deepened a drain that separates his field from mine, dumping all the debris onto my land instead of his own. He damaged or destroyed all the trees I had planted that were in the digger's path. I'd say this amounts to about thirty trees.

He did this without mentioning anything to me, and he did it at a time when I wouldn't normally be around to see it.

This guy has been going out of his way to cause problems for me since I moved here and so far I haven't retaliated at all. I take comfort in knowing that my consistently friendly waves and cheery greetings are probably giving him an ulcer.

As I said above, I'm going to bore my solicitor with the whole thing soon enough, but I'd appreciate any insights.

GerardKeating

beveragelady wrote: »

As I said above, I'm going to bore my solicitor with the whole thing soon enough, but I'd appreciate any insights.

I assume you are taking many many photos of the damage and organise suitable witness????

se conman

Trespassing and damage to property = report to Guards.
You don't have the dirty business of confronting an obvious ignorant person and the Guards get to do what they are supposed to do.

listermint

First port of call should be the guards they will need it on record and to speak to him. it's a criminal offence what has been suggested he did

nuac

Mod
Leaving open for general discussion subject to rule preventing legal advice

beveragelady

Thanks for replies. I hadn't thought of going to the guards, I suppose I'd think of that as the nuclear option. Maybe I should look at that tomorrow.
I was down there today taking pictures, but it's hard to show the damage to the trees because most of them are under a few feet of muck and rocks. I don't think I'd be able to get a witness to any of it, apart from the chap who came down with me today.
I'm wary of over-reacting and being a bit of a princess about it. This is the latest in a series of problems I've had with this mucksavage and I want to be sure I'm not being deliberately outraged over something that others might consider a minor transgression. He's my closest neighbour and while I'm determined to fight my corner I don't want to be any more of a phallushead than necessary.

John_Rambo

Photograph all of your land that bounds his. That way you’ll have “before” shots if there’s further vandalism.

elperello

Definitely not a minor transgression.
It's not the done thing to go on someone else's land at all without consultation, never mind start knocking trees.
You are the wronged party and nobody will think less of you for standing up for yourself.

the_pen_turner

who owns the digger. could you bring a witness and talk to the operator .

fepper

Dykes/drains need periodic cleaning so as to keep water moving so the farmer in question would have a right to have it cleaned out to help with drainage of water from his land too..

HONKEY TONK

fepper wrote: »

Dykes/drains need periodic cleaning so as to keep water moving so the farmer in question would have a right to have it cleaned out to help with drainage of water from his land too..

Not without the permission of the land owner

the_pen_turner

fepper wrote: »

Dykes/drains need periodic cleaning so as to keep water moving so the farmer in question would have a right to have it cleaned out to help with drainage of water from his land too..

that maybe true but surely he could do it from his side or do what normal people do and ask can you do it from the other side.

also who own the ditch

fepper

HONKEY TONK wrote: »

Not without the permission of the land owner

True,but they would be a obligation to both sides of the dykes/drains to haveit clean and working if only for a friendly relationship

fepper

Also trees along a open dyke fill it up with leaves in the autumn which doesn't help

Jeff2

Maybe your friendly waves after he has done other things has him thinking he can do what he likes.
Just a thought.

Marcusm

beveragelady wrote: »

Obviously I'm going to get onto my solicitor as soon as she's back from her holidays but I thought I'd see what people here had to say first.

A neighbouring farmer who happens to be a notorious pi55taker brought a fella with a digger onto a patch of land that I own. He deepened a drain that separates his field from mine, dumping all the debris onto my land instead of his own. He damaged or destroyed all the trees I had planted that were in the digger's path. I'd say this amounts to about thirty trees.

He did this without mentioning anything to me, and he did it at a time when I wouldn't normally be around to see it.

This guy has been going out of his way to cause problems for me since I moved here and so far I haven't retaliated at all. I take comfort in knowing that my consistently friendly waves and cheery greetings are probably giving him an ulcer.

As I said above, I'm going to bore my solicitor with the whole thing soon enough, but I'd appreciate any insights.

Why would you wait any not not simply deal with An Garda. This is criminal damage plain and simple plus probably criminal trespass given the damage. Not a civil matter.

boombang

Jeff2 wrote: »

Maybe your friendly waves after he has done other things has him thinking he can do what he likes.
Just a thought.

Being friendly isn't a green light for criminal damage though. I like to be civil to people, but I don't think people should expect me to be done sort of walk over.

The access to the ditch and the deposit of the debris is one thing, but the damage to the trees is definitely another. Don't think the OP should be shy in talking to the guards.

Jeff2

boombang wrote: »

Being friendly isn't a green light for criminal damage though. I like to be civil to people, but I don't think people should expect me to be done sort of walk over.

The access to the ditch and the deposit of the debris is one thing, but the damage to the trees is definitely another. Don't think the OP should be shy in talking to the guards.

I totally agree with you but the other guy might be getting the wrong message.

LionelNashe

Report both the digger operator (if you know who he is) and the neighbour to the guards. Then it's possible that the digger operator will be the witness that you need, because he might make a statement that implicates the neighbour, in order to defend himself. I wouldn't give them any forewarning though by contacting them or by contacting a solicitor.

_Brian

fepper wrote: »

Dykes/drains need periodic cleaning so as to keep water moving so the farmer in question would have a right to have it cleaned out to help with drainage of water from his land too..

We’re farmers here.
Nothing gives this man a right to being a digger into another persons property without permission.

What he did was wrong no matter what his intentions were.

Oink

If he had trespassed and done a nice clean-up job and saved you the effort, that would be one thing (still trespassing though).
But trespass on your land AND damage so many trees, surely that deserves a visit from the local constabulary.

_Brian

Oink wrote: »

If he had trespassed and done a nice clean-up job and saved you the effort, that would be one thing (still trespassing though).
But trespass on your land AND damage so many trees, surely that deserves a visit from the local constabulary.

Seems from OP that he’s been a dick over other stuff.
No way he should be in without permission.

Oink

_Brian wrote: »

Seems from OP that he’s been a dick over other stuff.
No way he should be in without permission.

Ah yeah I was just flogging a dead horse. We all agree at this stage that it’s time to stop playing games.

fepper

beveragelady wrote: »

Obviously I'm going to get onto my solicitor as soon as she's back from her holidays but I thought I'd see what people here had to say first.

A neighbouring farmer who happens to be a notorious pi55taker brought a fella with a digger onto a patch of land that I own. He deepened a drain that separates his field from mine, dumping all the debris onto my land instead of his own. He damaged or destroyed all the trees I had planted that were in the digger's path. I'd say this amounts to about thirty trees.

He did this without mentioning anything to me, and he did it at a time when I wouldn't normally be around to see it.

This guy has been going out of his way to cause problems for me since I moved here and so far I haven't retaliated at all. I take comfort in knowing that my consistently friendly waves and cheery greetings are probably giving him an ulcer.

As I said above, I'm going to bore my solicitor with the whole thing soon enough, but I'd appreciate any insights.

Did the farmer have to go through your house site/lawn to gain access or have you extra land with another access,if he came into your lawn with that machine in this weather,it would be badly mucked up id say

boombang

Jeff2 wrote: »

I totally agree with you but the other guy might be getting the wrong message.

Yeah, I know what you mean. It's a shame that some people will take a mile when you show when an inch of civility.

foxy farmer

How did they gain access to your property? Over the ditch or through a normal entrance off the road?

AmberGold

Have you considered speaking to him first before the Guards?

He does sound like a total tool but you will still have to live there.

beveragelady

John_Rambo wrote: »

Photograph all of your land that bounds his. That way you’ll have “before” shots if there’s further vandalism.

Good idea. I'll make a few short videos I think. He has a history of damaging fencing when it doesn't suit him so they'll be handy if that problem crops up again.

I didn't want to include too many unnecessary details in the OP but a couple of extra facts might answer some questions.

The field in question is separate from the house, not visible from the house. It is accessed by a right of access that he disputes despite having no legal basis on which to deny me access. In fact, he pretends to think he owns this field, despite the fact that I know for certain he knows he doesn't own it and he's chancing his arm. When I confronted him with proof that he knows he doesn't own it he threatened to pull up the trees I had planted.

The trees that I lost were very small saplings, planted last Easter. However, there are large trees on his side of the drain which are much more likely to shed drain-blocking leaves, so that excuse is ludicrous.

Somebody implied that he might be doing me a favour by deepening a drain that bounds my land. This is nonsense, the debris was deposited all along the drain in such a way that it actually prevents water running off my field, turning an already damp field into a swamp.

He had to take a roundabout route to bring the digger into my field whereas the field on his side of the drain is accessed from the road. The man, as I believe I mentioned before, is an incorrigible pifftaker.

I have tried approaching him in the past, always in the most cheerful and benevolent manner possible. He has threatened to block my gateway, to pull up trees, to inform the authorities that I have planted trees*, to have me arrested for trespassing and to "put a stop to things," whatever that means. He is not a reasonable man. I don't know if I'm allowed to give details of a conviction he has that has nothing to with me, but I can confidently assert that he's an unpleasant and dishonest specimen.

*I have the blessing of all relevant authorities to retain the trees I have and to continue to plant more. In case you think this is a big operation, I go out with a spade in my wellies and dig holes one by one and put the trees in the holes. I'm planting trees because I'm genuinely interested in biodiversity and nature in general, not for income or fuel or anything else. I have planted mixed broad-leafed indigenous trees, and a few scot's pine.

the_pen_turner

it sounds like you have went down the legal route already to inform him that it is your land.
if that's the case I would get a solicitor involved and get proper warning to him in place
also go to the guards and get that side on file

fepper

beveragelady wrote: »

Good idea. I'll make a few short videos I think. He has a history of damaging fencing when it doesn't suit him so they'll be handy if that problem crops up again.

I didn't want to include too many unnecessary details in the OP but a couple of extra facts might answer some questions.

The field in question is separate from the house, not visible from the house. It is accessed by a right of access that he disputes despite having no legal basis on which to deny me access. In fact, he pretends to think he owns this field, despite the fact that I know for certain he knows he doesn't own it and he's chancing his arm. When I confronted him with proof that he knows he doesn't own it he threatened to pull up the trees I had planted.

The trees that I lost were very small saplings, planted last Easter. However, there are large trees on his side of the drain which are much more likely to shed drain-blocking leaves, so that excuse is ludicrous.

Somebody implied that he might be doing me a favour by deepening a drain that bounds my land. This is nonsense, the debris was deposited all along the drain in such a way that it actually prevents water running off my field, turning an already damp field into a swamp.

He had to take a roundabout route to bring the digger into my field whereas the field on his side of the drain is accessed from the road. The man, as I believe I mentioned before, is an incorrigible pifftaker.

I have tried approaching him in the past, always in the most cheerful and benevolent manner possible. He has threatened to block my gateway, to pull up trees, to inform the authorities that I have planted trees*, to have me arrested for trespassing and to "put a stop to things," whatever that means. He is not a reasonable man. I don't know if I'm allowed to give details of a conviction he has that has nothing to with me, but I can confidently assert that he's an unpleasant and dishonest specimen.

*I have the blessing of all relevant authorities to retain the trees I have and to continue to plant more. In case you think this is a big operation, I go out with a spade in my wellies and dig holes one by one and put the trees in the holes. I'm planting trees because I'm genuinely interested in biodiversity and nature in general, not for income or fuel or anything else. I have planted mixed broad-leafed indigenous trees, and a few scot's pine.

You seem to dealing with a bully here ,its like a scene from the film,the field....

beveragelady

fepper wrote: »

You seem to dealing with a bully here ,its like a scene from the film,the field....

And he thinks he's the Bull McCabe but he's not, I'M THE BULL!

I'm 5'2", a wee lady, but he has annoyed me now and I'm not going to let him away with it.