Right of way case

durtybit

Can I take on a right of way case and defend myself? Someone walking through my driveway instead of a provided path ( a path which is a shorter distance to the road).

This fellow enjoys taking people to court and representing himself so I am thinking on giving him a run for his money. If I block the path and force him to use the provided path...

What's the worst that could happen? Or how would this affect me financially

Samuel T. Cogley

He could end up owning your drive and house along with it.

But yes you can take a case yourself and represent yourself. You'd only be defending if someone else takes a case against you.

durtybit

Samuel T. Cogley wrote: »

He could end up owning your drive and house along with it.

But yes you can take a case yourself and represent yourself. You'd only be defending if someone else takes a case against you.

Yes this will be a case against me as I intend on putting gates up (however he still will have access to the road)

End up owning the driveway? How so?

Samuel T. Cogley

durtybit wrote: »

Yes this will be a case against me as I intend on putting gates up (however he still will have access to the road)

End up owning the driveway? How so?

Through going after you for costs and ending up owning your house. You asked for at worst.

durtybit

Samuel T. Cogley wrote: »

Through going after you for costs and ending up owning your house. You asked for at worst.

He wont be using a solicitor himself, where would the cost come from?

elperello

Mediation might be a better option.

durtybit

elperello wrote: »

Mediation might be a better option.

He'll want the court case, it's his hobby to annoy people through the courts.

Samuel T. Cogley

durtybit wrote: »

He'll want the court case, it's his hobby to annoy people through the courts.

So you're basically going to try and take on someone who does this for the craic. Your level of experience doing same?

You've no idea if he'll seek representation or not and not only that there will be costs associated with filing etc.

elperello

Without knowing all the details it's hard to say but is there no way you could both live with the current situation?

durtybit

Samuel T. Cogley wrote: »

So you're basically going to try and take on someone who does this for the craic. Your level of experience doing same?

You've no idea if he'll seek representation or not and not only that there will be costs associated with filing etc.

Ball park figure on the costs for filing etc?

True but if its like his other cases he will persist himself, can I just admit defeat if he does seek representation ?

I have no experience but will do everything to ready myself.

frozenfrozen

Can anyone explain why this would be illegal? Loads of people have their driveway blocked off, if there's another way to walk then what's the problem blocking up your own path?

any diagram of what the situation is? Just doesn't make sense to me if you own the land

durtybit

elperello wrote: »

Without knowing all the details it's hard to say but is there no way you could both live with the current situation?

I want to put up gates but I know this will lead to a case. There is no right of way there but he will end up costing me a fortune just to say there is none there. plus there will be access to the road still through the actual right of way)

Samuel T. Cogley

durtybit wrote: »

Ball park figure on the costs for filing etc?

No idea I'm afraid. Don't get taught that at School until the professional stages.

durtybit wrote: »

True but if its like his other cases he will persist himself, can I just admit defeat if he does seek representation ?

Yes but then the solicitor hits you for a bill for the work already done in the background.

durtybit wrote: »

I have no experience but will do everything to ready myself.

Would it not be better to do something more productive like messing with him when he's walking across the drive or buying a bloody great big dog?

durtybit

Samuel T. Cogley wrote: »

No idea I'm afraid. Don't get taught that at School until the professional stages.



Yes but then the solicitor hits you for a bill for the work already done in the background.



Would it not be better to do something more productive like messing with him when he's walking across the drive or buying a bloody great big dog?

He doesn't even live near me or use the property so is just being a (insert bad word here) .. he is trying to start something

Big dog would be the job alright what happens if he gets bit?

Samuel T. Cogley

durtybit wrote: »

He doesn't even live near me or use the property so is just being a (insert bad word here)

Big dog would be the job alright what happens if he gets bit?

Make sure he doesn't bite, just looks scary. A goose would be another good option and yummy in time for next Xmas.

Personally I'd stick some sprinklers out.

m5ex9oqjawdg2i

Samuel T. Cogley wrote: »

Through going after you for costs and ending up owning your house. You asked for at worst.

Really? That's your "evidence" for a worst case scenario? An article from the sun newspaper in the UK? If you are going to make sensationalist claims at least back it up with something reputable.

OP, get onto a solicitor

Samuel T. Cogley

Lyla Vast Windsock wrote: »

Really? That's your "evidence" for a worst case scenario? An article from the sun newspaper in the UK? If you are going to make sensationalist claims at least back it up with something reputable.

OP, get onto a solicitor

He asked for the very worst case, I gave it to him. This is hardly the most serious of threads. I think you need to get over yourself a bit Dr.

durtybit

Lyla Vast Windsock wrote: »

OP, get onto a solicitor

I did but I am researching the alternative options.

Riva10

Is he not trespassing. Put up a sign "No Trespass" and report him to Gárdaí. Maybe?

Subcomandante Marcos

Call the gardai and identify the individual saying he keeps trespassing on your land and you think he might be scoping out your property and you're afraid he might attempt to burgle your home and ask for advice. They might have a word with him.

GerardKeating

Subcomandante Marcos wrote: »

Call the gardai and identify the individual saying he keeps trespassing on your land and you think he might be scoping out your property and you're afraid he might attempt to burgle your home and ask for advice. They might have a word with him.

Or they do the OP for waiting their time and making a false report.

Subcomandante Marcos

GerardKeating wrote: »

Or they do the OP for waiting their time and making a false report.

It's not a false report if someone is routinely trespassing in their property near their home.

Peregrinus

Subcomandante Marcos wrote: »

It's not a false report if someone is routinely trespassing in their property near their home.

It would be false for durtybit to say that he thinks this person is scoping out his home with a view to burglary. Nothing in the thread suggests that durtybit thinks any such thing; in fact he knows that the person concerned has an entirely different motive.

the_sonandmoon

Could you not apply to the council for exempted development for the gate? Then put it up and he can't challenge it

Tenigate

I'd second the sprinkler system as a deterrent. Just leave it on when he usually does his rounds.

Mr. Incognito

Could you not just build a wall and secure you boundary?

frozenfrozen

Mr. Incognito wrote: »

Could you not just build a wall and secure you boundary?

yes, can anyone explain why he can't do this?

elperello

frozenfrozen wrote: »

yes, can anyone explain why he can't do this?

Only the OP.
A rough diagram is needed to help understand the lie of the land.

Pat Mustard

durtybit wrote: »

What's the worst that could happen? Or how would this affect me financially

durtybit wrote: »

can I just admit defeat if he does seek representation ?

durtybit wrote: »

what happens if he gets bit?

Mod:

You have outlined a scenario where someone is trespassing on your land and you ask for legal advice on various issues to include financial implications of costs/damages and liability for dog bites.

Posters are not allowed to seek legal advice here. Please read the forum charter and abide by its rules.

durtybit

the_sonandmoon wrote: »

Could you not apply to the council for exempted development for the gate? Then put it up and he can't challenge it

Sounds interesting is that a planning application or another process?

durtybit

Pat Mustard wrote: »

Mod:

You have outlined a scenario where someone is trespassing on your land and you ask for legal advice on various issues to include financial implications of costs/damages and liability for dog bites.

Posters are not allowed to seek legal advice here. Please read the forum charter and abide by its rules.

Part of that was just banter / rhetorical in no way am I looking for legal advice, everything is hypothetical.

the_sonandmoon

durtybit wrote:

Sounds interesting is that a planning application or another process?

It would be through the councils planning department, to avoid planning applications. It is kind of to get the ok from the council that you can build something without needing planning. Afaik its free, and fairly quick. It doesn't require a notice either, so your trespasser isn't given the opportunity to object.

Peregrinus

the_sonandmoon wrote: »

Could you not apply to the council for exempted development for the gate? Then put it up and he can't challenge it

He can't challenge it under the Planning Acts as an unauthorised development.

But he can certainly challenge it on the basis that it obstructs a right of way that he claims to be entitled to. In that challenge the question of whether the gate has, or requires, planning permission would be completely irrelevant.

Is he generally successful in these court cases or not?

the_sonandmoon

Peregrinus wrote:

He can't challenge it under the Planning Acts as an unauthorised development.

Peregrinus wrote:

But he can certainly challenge it on the basis that it obstructs a right of way that he claims to be entitled to. In that challenge the question of whether the gate has, or requires, planning permission would be completely irrelevant.

That's true. A lot more costly and time consuming to challenge on that basis, but, as OP has explained, that would not necessarily stop him!

my3cents

OP can you explain a little more as to the route this person is taking across your property.

Is he just cutting a corner where there is already a path provided or is he going from one road through your property to another?

I'm not sure there would legally be a difference but maybe just cutting a corner can't be construed as creating a right of way?

Pat Mustard

durtybit wrote: »

Part of that was just banter / rhetorical in no way am I looking for legal advice, everything is hypothetical.

Mod:

No, you outlined a scenario as being a factual one, you asked for specific legal advice (as opposed to practical advice) and now you dismiss a mod warning.

Please don't post in this thread again.

seagull

You are generally allowed to put a gate across a right of way, as long as people are able to open it. Think about examples where a right of way crosses farming land where livestock is kept.

Roger Hassenforder

Prickly bushes.

https://www.google.ie/amp/s/www.irishtimes.com/news/crime-and-law/home-owners-advised-to-grow-prickly-bushes-to-stop-burglars-1.3104116%3fmode=amp