Farmer brought a digger onto my land

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

foxy farmer

beveragelady wrote: »

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.

Co Kerry by any chance?

beveragelady

foxy farmer wrote: »

Co Kerry by any chance?

Interesting conjecture. As it happens we're not in Kerry, but I can see why you might think that we are.

mickdw

beveragelady wrote: »

Interesting conjecture. As it happens we're not in Kerry, but I can see why you might think that we are.

Squatters is 20 years now. 12 years is long gone.

Is your right of way officially registered?
If so, you are fine imo.

John_Rambo

_Brian wrote: »

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.

Nice to see what I think and genuinely hope 99% of farmers attitude would be to this situation.

alan partridge aha

mickdw wrote: »

Squatters is 20 years now. 12 years is long gone.

Is your right of way officially registered?
If so, you are fine imo.

How long ago did this change?

John_Rambo

Mod; Reply to fepper's irrelevant post deleted


Mod note

febber and John Rambo: pls stay on thread topic

A separate thread may be opened re sporting rights

nuac

Mod
Have let this thread run to encourage discussion.

Please note that apart from recommendations to get immediate legal advice neither Boards.ie nor any LD mods accept any responsibility for any other advice or suggestions given or made here

NUTLEY BOY

Just a few random thoughts.

IMHO the facts, as posted, suggest that there are both civil and criminal dimensions involved.

+1 the expected Garda first response that this is a civil matter. I would insist with Gardaí that both dimensions apply and that they are being requested to deal with the criminal aspect only. For starters, the uprooting of trees on OP's land appears to constitute prima facie evidence of criminal damage.

OP points to a difficulty that the lost or damaged trees are almost out of sight under debris. Hopefully, OP can produce receipts for purchase of the trees that she planted herself. This should provide corroborative evidence of their existence and the quantum involved.

I see reference to land registry data. I just wonder if OP had lands mapped in recent years by a surveyor with OS reference points included. This would help with the usual contentious issue of who owns what. I appreciate that maps are not definitive evidentiary proof of ownership or of boundaries but they go a long way to helping resolve the issue especially if the other party is a total chancer who relies primarily on the law of bluff and bluster.

In relation to rights of way I would be looking at my title documents to see if anything was ever reduced to writing by way of a formal agreement about it. Even more interestingly I would like to know if Miley Mucksavage next door has any such similar documentation to offer in support of his contention. That said, he does not need formal agreement in writing if he is asserting adverse possession. What he does need however is evidence to stand up that proposition.

Finally, I would suggest to OP that the advice of her solicitor would be most definitely required as there are legally contentious issues to be resolved such as indemnity for the lost/damaged trees, the relief of the burden of deposited debris, future repeat issues and so on. At this stage I would have utterly no conversation whatsoever with Miley Mucksavage - that way there will be no mistake as to who said what.:rolleyes:

Robbo

alan partridge aha wrote: »

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

The amount of petty disputes that come before the courts would work against this. In spite of noble campaigns by the IFA and similiar.

mickdw wrote: »

Squatters is 20 years now. 12 years is long gone.

Is your right of way officially registered?
If so, you are fine imo.

Everything you've said there is problematic. Please do not post here further until you gain a clue.


OP, you have a multi-faceted problem which may require trips to the Gardai and your solicitor.

Carawaystick

If the gards are unwilling, also report the tree felling without a license, contrary to the forestry act 2014.
the faq is here to see if the felling is possible without a license, but sher the gards would need to turn up to measure the volume as evidence anyway.
https://www.agriculture.gov.ie/media/migration/forestry/treefelling/FAQTreeFelling090617.pdf