Ditch and fence problems

390kid

Hello everyone I really need some solid advice on this one. Our neighbour removed a hedge a few years back and in doing so took the fence between us with them. Since then it’s been a disaster with stock getting in and out, no problem if things were staying neighbourly. My old REFUSES to fence it, thick wit and cavan tightness but he maintains that the ditch and fence was on our side! Could he be right or is there any way I could find out?

Bass Reeves

On Landdirect.ie you can look up land register maps. However you will need a map and someone to measure the position of the boundry. There is an old adage whoever owns the drain owns the ditch as usually the spoil from the drain was placed to make the ditch.

However if he maintains the ditch and fence is on your side I fence to farside of the butt of the ditch. If there is a 2m difference in the butt of the ditch every 500metres is a quarter acre

390kid

Bass Reeves wrote: »

On Landdirect.ie you can look up land register maps. However you will need a map and someone to measure the position of the boundry. There is an old adage whoever owns the drain owns the ditch as usually the spoil from the drain was placed to make the ditch.

Cheers for that. The drain is on there side so does that mean the fencing is our responsibility?

_Brian

390kid wrote: »

Cheers for that. The drain is on there side so does that mean the fencing is our responsibility?

Yes

patsy_mccabe

390kid wrote: »

Cheers for that. The drain is on there side so does that mean the fencing is our responsibility?

Not necessarily. Often in the past, as said above, the drain was the agreed boundry and the hedge planted on the spoil maybe years later.
But it could also be the opposite case. Maybe the ditch was planted first as the boundry and the drain dug much later.
I plan on putting in a drain on my side of a hedge soon. There's a site of a house on the other side.
Get your maps. Look at the ordinance survey site too, as they have old maps also. Remember the older the maps, the less accurate they will be. If both parties dig in their heels, you could be years fighting it out in the courts. Only the solicitors will win in that case.

390kid

patsy_mccabe wrote: »

Not necessarily. Often in the past, as said above, the drain was the agreed boundry and the hedge planted on the spoil maybe years later.
But it could also be the opposite case. Maybe the ditch was planted first as the boundry and the drain dug much later.
I plan on putting in a drain on my side of a hedge soon. There's a site of a house on the other side.
Get your maps. Look at the ordinance survey site too, as they have old maps also. Remember the older the maps, the less accurate they will be. If both parties dig in their heels, you could be years fighting it out in the courts. Only the solicitors will win in that case.

Thanks for that. Christ I’ll be staying out of the court whatever about the rest a them. I’ll take a look for the maps and see what they say and hopefully. The drain was dug the time the hedge was removed

ganmo

So your neighbor removed the ditch and now is saying the ditch was yours?

Bullocks

ganmo wrote: »

So your neighbor removed the ditch and now is saying the ditch was yours?

Sounds like a neighbour that deserves a clatter!
Why take out a ditch and not make it stockpeoof after, regardless of who owned the ditch

fepper

390kid wrote: »

Hello everyone I really need some solid advice on this one. Our neighbour removed a hedge a few years back and in doing so took the fence between us with them. Since then it’s been a disaster with stock getting in and out, no problem if things were staying neighbourly. My old REFUSES to fence it, thick wit and cavan tightness but he maintains that the ditch and fence was on our side! Could he be right or is there any way I could find out?

Then he entered private property and caused malicious damage,thats a criminal offence if the fence is on your land

148multi

I have seen on maps the boundaries marked as face of fence, centre of fence, centre of drain or ditch which is the same. If it were me and only a short fence, I would put up a fence on an agreed position, an engineer going to cost 5/600 min.

solerina

390kid wrote: »

Cheers for that. The drain is on there side so does that mean the fencing is our responsibility?

My uncle had a similar issue, he fenced his side of the drain, his neighbour got a Glas inspection and was told he needed to fence his side too !!

390kid

ganmo wrote: »

So your neighbor removed the ditch and now is saying the ditch was yours?

Basically ye

390kid

148multi wrote: »

I have seen on maps the boundaries marked as face of fence, centre of fence, centre of drain or ditch which is the same. If it were me and only a short fence, I would put up a fence on an agreed position, an engineer going to cost 5/600 min.

I approached them about fencing it goin halves but never came through. Il have to try find maps to properly justify it

ganmo

390kid wrote: »

Basically ye

In that case, say to him ‘you’re saying that’s my ditch. Did I give you permission to destroy it?’
Let him stew on that for a bit and then say will we go down to the barracks.

Sheep breeder

Report him to the dept of ag for landscape removal and will knock his payments.

ganmo

Sheep breeder wrote: »

Report him to the dept of ag for landscape removal and will knock his payments.

If the ditch is on ops maps he’ll get the hit not the neighbor

Willfarman

Is he admitting to removing your ditch then?

390kid

Willfarman wrote: »

Is he admitting to removing your ditch then?

No he’s not

_Brian

Really feel the best option here is just go and fence it properly.
At the time the fence was removed was the best time to address this problem but there’s no point looking back crying over spilt milk now.

Plenty will say fight him, solicitor, report him and all that, but you know what you have to farm beside this blaggard and escalating this to another level just drags on the whole bother.

Fence it and then move on, life is too short to be letting this stuff get under your skin and fill your head with ****e.

ganmo

_Brian wrote: »

Really feel the best option here is just go and fence it properly.
At the time the fence was removed was the best time to address this problem but there’s no point looking back crying over spilt milk now.

Plenty will say fight him, solicitor, report him and all that, but you know what you have to farm beside this blaggard and escalating this to another level just drags on the whole bother.

Fence it and then move on, life is too short to be letting this stuff get under your skin and fill your head with ****e.

the problem is if the dept come along and say 390 has removed a hedge he's in a bit of bother

_Brian

ganmo wrote: »

the problem is if the dept come along and say 390 has removed a hedge he's in a bit of bother

But that might happen no matter what now. At least fencing it removes the hassle of stock breaking and eliminates the need to be engaged with the neighbor.

Dinzee Conlee

_Brian wrote: »

Really feel the best option here is just go and fence it properly.
At the time the fence was removed was the best time to address this problem but there’s no point looking back crying over spilt milk now.

Plenty will say fight him, solicitor, report him and all that, but you know what you have to farm beside this blaggard and escalating this to another level just drags on the whole bother.

Fence it and then move on, life is too short to be letting this stuff get under your skin and fill your head with ****e.

+1... get a fence up and move on...

satstheway

I'd stick up a tempory electric fence or battery fence each time I use that field and roll it up when I takeout stock. Then it's no benefit to your neighbour.

J.O. Farmer

satstheway wrote: »

I'd stick up a tempory electric fence or battery fence each time I use that field and roll it up when I takeout stock. Then it's no benefit to your neighbour.

The problem with that the neighbour might not see it as such hassle getting stock out of your field and might instead think the lack of a fence is a bigger benefit as it increases the area available for grazing.

satstheway

J.O. Farmer wrote: »

The problem with that the neighbour might not see it as such hassle getting stock out of your field and might instead think the lack of a fence is a bigger benefit as it increases the area available for grazing.

💪💪🀛🀛🀛

390kid

_Brian wrote: »

Really feel the best option here is just go and fence it properly.
At the time the fence was removed was the best time to address this problem but there’s no point looking back crying over spilt milk now.

Plenty will say fight him, solicitor, report him and all that, but you know what you have to farm beside this blaggard and escalating this to another level just drags on the whole bother.

Fence it and then move on, life is too short to be letting this stuff get under your skin and fill your head with ****e.

Took your advice drove the strainers in it Saturday and gonna tackle it bit by bit. Aul lad wasn’t impressed at the start but he got over it!! The neighbor asked if I was doing it the whole way over the ditch😂

sea12

390kid wrote: »

Took your advice drove the strainers in it Saturday and gonna tackle it bit by bit. Aul lad wasn’t impressed at the start but he got over it!! The neighbor asked if I was doing it the whole way over the ditch😂

That is some cheek by your neighbour. Really runs salt in the sound.

I had the very same situation s couple of years ago. Neighbour took out a few "gaps " and put in a few shores from his field into my drain. Tackled him on it and said there was shores going back a hundred years going into the drain which there was no evidence off. He also wouldn't fence the gaps. An absolut ****.

Anyway I could get annoyed but life is too short. Will have to fence it on my side now which is more awkward as have to run along drain instead of beside the hedge.

Cattlepen

Sheep breeder wrote: »

Report him to the dept of ag for landscape removal and will knock his payments.

This mans neighbor sounds like a so and so but I think your suggestion is lower than a snakes belly

ganmo

Cattlepen wrote: »

This mans neighbor sounds like a so and so but I think your suggestion is lower than a snakes belly

why?

Cattlepen

ganmo wrote: »

why?

Running to the Dept to grass a man out so his sfp gets penalized?? I think that’s a pretty low act

Bass Reeves

Cattlepen wrote: »

Running to the Dept to grass a man out so his sfp gets penalized?? I think that’s a pretty low act

Its a low act to take away stock proof fence and not replace it. What goes around comes around.

ganmo

Cattlepen wrote: »

Running to the Dept to grass a man out so his sfp gets penalized?? I think that’s a pretty low act

no point in giving out about a problem when ya refuse to use the systems that are there to enforce the rules.

_Brian

390kid wrote: »

Took your advice drove the strainers in it Saturday and gonna tackle it bit by bit. Aul lad wasn’t impressed at the start but he got over it!! The neighbor asked if I was doing it the whole way over the ditch��

Good for you. Rise above any crap from him.

I read an interesting clip where a farmer said “I only get 40 good seasons at farming to try and get it right, I don’t want to waste any of them”

Cattlepen

Bass Reeves wrote: »

Its a low act to take away stock proof fence and not replace it. What goes around comes around.

I already said the fellow that took the fence away is a so and so. But i’m Glad i’m Not neighbors with some of you guys on here if the action you take is informing.
Take a look around your own places and see is your cross compliance 100% and think how you would react to someone telling tales to Dept on you. The high moral ground is a dangerous place to be standing when the wind starts to blow

Cattlepen

ganmo wrote: »

no point in giving out about a problem when ya refuse to use the systems that are there to enforce the rules.

Valley of the squinting windows