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fishing in lake

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  • 04-08-2018 11:23pm
    #1
    MissusAnderson
    Closed Accounts Posts: 15 ✭


    brother has a lake on his landed and also surrounded by 2 other farmers but foreign nationalists keep using it to fish saying its not his and now they have lots of their friends coming down with inflatable boats and fishing on it , just yesterday they didn't close the gate property and his cattle were on the road,


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    #2
    TomOnBoard
    Registered Users Posts: 5,109 ✭✭✭TomOnBoard


    MissusAnderson wrote: »
    brother has a lake on his landed and also surrounded by 2 other farmers but foreign nationalists keep using it to fish saying its not his and now they have lots of their friends coming down with inflatable boats and fishing on it , just yesterday they didn't close the gate property and his cattle were on the road,

    What do his (and the other neighbours') title deeds say, if anything, about who owns what? Has it got a history of being fished by the public?


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    #3
    MissusAnderson
    Closed Accounts Posts: 15 ✭MissusAnderson


    most of it belongs to another farmer but the guys go through brothers land as much less distance to work, its never been really fished at all till this year


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    #4
    Atlantic Dawn
    Registered Users Posts: 81,381 ✭✭✭✭Atlantic Dawn
    M


    What's the concern is it illegal trespass or taking of the fish?


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    #5
    TomOnBoard
    Registered Users Posts: 5,109 ✭✭✭TomOnBoard


    They're trespassing. If you facilitate/allow their entry in any way, you are exposing yourself to peril in the event of an accident to one of them.

    Lock all gates and make sure all fencing is intact and servicable. Post appropriate notices as per farm organisation(s) advice. Dont do anything that would cause harm, while protecting your rights.


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    #6
    MissusAnderson
    Closed Accounts Posts: 15 ✭MissusAnderson


    TomOnBoard wrote: »
    They're trespassing. If you facilitate/allow their entry in any way, you are exposing yourself to peril in the event of an accident to one of them.

    Lock all gates and make sure all fencing is intact and servicable. Post appropriate notices as per farm organisation(s) advice. Dont do anything that would cause harm, while protecting your rights.

    so if god forbid one of them drowned then our boy is in trouble,
    he has the signs up but they pay no heed to them


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    #7
    TomOnBoard
    Registered Users Posts: 5,109 ✭✭✭TomOnBoard


    MissusAnderson wrote: »
    so if god forbid one of them drowned then our boy is in trouble,
    he has the signs up but they pay no heed to them

    If he hasnt given permission or enabled them to come onto the land, and has posted warnings of dangers, its unlikely that he'd be in trouble if they decided to ignore everything and something happened. His signs would probably have to specifically state something like "Danger - Deep Water, No Entry for any Purpose" or something like that to cover off that specific threat.

    Drowning in the lake is an extreme scenario, and other dangers might exist that would need to be reasonably secured. For example, if the cattle created deep hoofprints down near the water, and someone broke an ankle or leg down there, might that come back on him? If he had signs saying something like "Danger - Working Farmland: Rough Ground with Risk of Serious Injury" I suppose he'd be better protected as he would be seen to have taken all reasonable safety precautions and would not be seen to have created a danger. And of course, the old "Beware of the Bull" would frighten some few lads off as well.

    Note: He should really be asking a solicitor for advice on what his rights are versus what rights the public would have to enter onto his land(s) and/or onto the lake and its surrounds. The other farmer would also need to be involved in this.

    If he or any of his family ever told one of the visitors that they could park there, or otherwise facilitated them in carrying out the fishing activity, things around liability might become more cloudy. Again, a professional legal opinion ought to be sought asap, and all gates should be locked.


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