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.

Kerryman79

beveragelady wrote: »

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.

Just be careful, situations like these have been known to get messy, let the guards and solicitor handle it and keep a record of any threats damage done. I wish you luck in such an unfortunate situation.

foxy farmer

So there's a right of access/way involved. I don't think there's a right of way in the country that hasn't been the source of hostility at some stage.

Jeff2

Check the land registry and get the details for the land.

That should clear it up.

beveragelady

Jeff2 wrote: »

Check the land registry and get the details for the land.

That should clear it up.

I have done this, I even sent him a copy of some of the relevant paperwork. He first said it meant nothing, then said he would be granted squatters rights on my field, then he went back to claiming it was never my field.

The thing is, as somebody pointed out, he's a bully. Every so often we have a conversation and when I don't back down he is so amazed that he just stands there with his sloppy mouth open, scratching at himself. I firmly believe that he has never before met a woman he couldn't intimidate and he is appalled and bewildered by me. He bullied the last owner of this house into leaving, he bullied the lady who used to rent the land attached to the house, he can't understand why I'm not cooperating.

Anyway, the consensus seems to be that this is a matter for the guards. I'll make contact tomorrow and see how it works out.

Marcusm

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 are absolutely crazy to go to a solicitor about this as there is no doubt that it will end up costing you money. Straight to the local barracks with all the evidence you can muster and a hard neck to ensure that you are not fobbed off. Make it clear that you wish to make a formal complaint of criminal damage and that you are not going to be fobbed off with any suggestion that it is a neighbourly dispute or a civil matter.

If you can keep your nerve in dealing with the GArdai, you can hope that he receives a personal visit and the fright of his life. That will hopefully end matters quickly, painlessly and without cost.

alan partridge aha

Has this man farmed this patch of land before and if so for how long has he done it. Because if he has and it is 12 years or more he can claim squatters rights.

elperello

Sorry to hear you are in a bad situation.
I would recommend that you put locks on your gates and secure the property as well.

beveragelady

alan partridge aha wrote: »

Has this man farmed this patch of land before and if so for how long has he done it. Because if he has and it is 12 years or more he can claim squatters rights.

The land has changed hands a number of times in recent years and ownership asserted each time. He hasn't farmed the land, unless by 'farmed' you mean 'neglected fencing and allowed livestock to roam onto." He hasn't demonstrated an intention to exclude the true owner. He hasn't a leg to stand on. Anyway, making a claim of adverse possession doesn't by any means guarantee that it will be granted.

alan partridge aha

beveragelady wrote: »

The land has changed hands a number of times in recent years and ownership asserted each time. He hasn't farmed the land, unless by 'farmed' you mean 'neglected fencing and allowed livestock to roam onto." He hasn't demonstrated an intention to exclude the true owner. He hasn't a leg to stand on. Anyway, making a claim of adverse possession doesn't by any means guarantee that it will be granted.

Hope you are right because farmers usually know the law when it comes to land entitlements.

beveragelady

alan partridge aha wrote: »

Hope you are right because farmers usually know the law when it comes to land entitlements.

I'm right.

Also, this guy has a conviction for something stupid but mean, he's not a great man for the law.

alan partridge aha

Grand so you seem to have it all covered. I'd like to see how it plays out.

the_pen_turner

if he had any right to the land I'm sure he would have sent over the paperwork
given that he hasn't I can only assume he has no right to it

also isn't it 12 years uninterrupted and sole use of the land. if the owner walked it during that time then they would retain ownership

fepper

Why has the lands changed hands so often in the past,is it because of these disputes and did you buy it recently?...

colm_mcm

This isn't the guy that keeps knocking down fences with his truck is it? Saw a thread about that a few weeks ago

alan partridge aha

the_pen_turner wrote: »

if he had any right to the land I'm sure he would have sent over the paperwork
given that he hasn't I can only assume he has no right to it

also isn't it 12 years uninterrupted and sole use of the land. if the owner walked it during that time then they would retain ownership

What does he care, probably work away and let his stock graze on it. If the "owner" locks gates and tries to exclude him then he'll just break them. Could end up a long legal mess.

BorneTobyWilde

You really think the guards in this country would help OP, that's funny. Mod: Anti-AGS rant deleted They'd have no interest in this whatsoever, you'd have to force them to take an interest.

beveragelady

BorneTobyWilde wrote: »

You really think the guards in this country would help OP, that's funny. /Mod deletion// They'd have no interest in this whatsoever, you'd have to force them to take an interest.

In fairness, I haven't contacted the guards yet.

fepper

BorneTobyWilde wrote: »

You really think the guards in this country would help OP, that's funny. Mod deletionYes They'd have no interest in this whatsoever, you'd have to force them to take an interest.

They'll Take the easiest option and say its a civil matter

beveragelady

colm_mcm wrote: »

This isn't the guy that keeps knocking down fences with his truck is it? Saw a thread about that a few weeks ago

No, different pifftaker. I remember that thread too, it had a grim familiarity about it back then.

My chap has featured in a couple of threads here alright, but that wasn't him.

fepper

[QUOTE=beveragelady;1056

My chap has featured in a couple of threads here alright, but that wasn't him.[/QUOTE]
Bad luck for you so if he's got a few boards threads dedicated to him for the wrong reasons