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Walking on your land

  • 12-12-2021 7:51pm
    #1
    Registered Users Posts: 2,021 ✭✭✭ Finnbar01


    What would you do if you saw a stranger walking on your land with a dog on a lead?

    BTW, I from the city.



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Comments

  • Registered Users Posts: 3,611 ✭✭✭ Dickie10


    Ask them what there doing and then politely ask them to leave and not return again. Just say its insurance if they tripped and fell or something, public liabilty etc , cant be on the land.



  • Registered Users Posts: 1,249 ✭✭✭ JustJoe7240


    As someone who has first hand experience with losses from Neospora, I'd be asking them to vacate



  • Registered Users Posts: 7,448 ✭✭✭ 893bet


    Depends on the person and dog. And depends on the field in question. And depends on the time of year.


    A certain type with a lurcher would be ran.

    A stranger with a Labrador and seems a genuine sort In winter, no real sweat. In spring I might have a word to say not to ever enter if there are animals in the field or similar and mention that as dog droppings can cause abortions in cows etc also. Reminder on gates etc.



  • Registered Users Posts: 32 matt.v


    (Also if the dog so happens to get off its leash and worries the cattle the farmer is within their rights to shoot it, as doing so protects their animals and the farmers livelihood. That's a rather fine deterrent.)



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  • Registered Users Posts: 3,808 ✭✭✭ White Clover


    Aa Herdquitter has said, they would be escorted to the nearest exit and told that they are not to return. It would be explained to them that this is my work place and only invited guests (contractors etc) are required to be here.

    Why would anyone think that I would want the liability of them and their dogs on my private property?



  • Registered Users Posts: 849 ✭✭✭ Easten


    Had 2 lads from the Village out walking the dogs and doing a bit of hunting, I challenged them on why they were on my land only to be told they were in the local Gun club and didn't need my permission.



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  • Registered Users Posts: 849 ✭✭✭ Easten


    I wasn't sure as it was a place I got from an Uncle and thought maybe he had given them the ok in the past. Turned out they were chancing it and they were not even members of the Club having been refused entry



  • Registered Users Posts: 7,748 ✭✭✭ ganmo


    I'd be tempted to march them to the furthest exit possible :P



  • Registered Users Posts: 2,201 ✭✭✭ StevenToast


    This is how i handle trespassers on my land OP...

    "Don't piss down my back and tell me it's raining." - Fletcher



  • Registered Users Posts: 10,077 ✭✭✭✭ Base price


    Or unless you have a building/other structure on your land that isn't identified with warning signs and fenced to appropriate standards to prevent possible injury?



  • Registered Users Posts: 14,268 ✭✭✭✭ Bass Reeves




  • Registered Users Posts: 3,430 ✭✭✭ herdquitter


    Mm, not so sure

    "It is advisable to ensure that there are signs on your land warning of potential dangers, especially in areas of the land where it is foreseeable that people might cross."

    https://www.irishexaminer.com/farming/arid-30838146.html



  • Registered Users Posts: 17,366 ✭✭✭✭ cnocbui


    A Dr from a nearby town to a property I own, decided my land and woods were a nice place to do some shooting. He had an accident - I have always presumed he stumbled, as it's rough ground - and managed to shoot himself - close range blast from a shotgun. I gather he nearly bled out before rescue arrived and he could be taken on an at least 1hr trip to the nearest major hospital.

    I was half expecting some solicitor to get in contact and accuse me of not removing every rock and filling every hole so some trespasser poaching wouldn't trip.

    Not a word.



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  • Registered Users Posts: 17,366 ✭✭✭✭ cnocbui


    I would almost love someone to come after me on that one. One situation where the incredible burden of a SAC designation could be of use.

    Not my property, mate, go talk to the real owners. Good luck taking on the government.



  • Registered Users Posts: 3,430 ✭✭✭ herdquitter


    One thing for sure, designations illustrate the extremely weak state of property rights in Ireland. People think they have rights, until the state decides otherwise. Interesting contrast with the 30x30 / America the Beautiful designation strategy in the US, where they actually DO have property rights.

    As for trespassers, I'd still like to err on the side of not getting letters tbh.



  • Registered Users Posts: 1,869 ✭✭✭ Dunedin


    Incorrect.

    irrespective of whether they are trespassing or invited guests, if they can prove negligent on your part you will be liable.



  • Posts: 0 [Deleted User]


    Am I right in saying that in England a hill walker had an accident and fell and sued the land owner and the judge threw it out of court because it would stop other hill walkers availing of country walking ,ambling....I'm sure I read that afew years ago?



  • Registered Users Posts: 17,323 ✭✭✭✭ Thargor


    That reminds me of another case in Ireland where it was Coilte or someone else being sued, what ever happened with that does anyone know? A woman tripped and damaged her knee, I know there was a big thread here about it but good luck finding it in this new disaster of a site...



  • Registered Users Posts: 14,268 ✭✭✭✭ Bass Reeves


    The law on uninvited guests trespassers is quite clear. You owe no duty of care to them. You may not do anything to deliberately harm them but you being negligent is not in play as you owe them ''no duty of care''.

    Minors U16 ( unaccompanied I think but not sure) are not included in the legislation. The only other provisio may be regulations such as around uncovered slurry tanks, if you had no covers on agitation points or when building works are in play.

    The legislation has proven very robust. It is not just used in farmland, it has also stopped cases where nefarious activity was being carried out and an individual hurt themselves. The legal people tried to drive a coach and four through it but any case where it applies has been lost.

    The two most high profile was a person who slipped down a cliff and broke bones where a high court judge ( the first test case) gave damages but these were overturned by the Supreme Court.

    In another case a person slipped taking a shortcut out of a car park that was regularly used and no damages were awarded( I think this was a circuit court case)

    Negligence was deliberately excluded from the legislation (lawyers lobbied for it to be included) but the legislation is clear it's ''no duty of care'' as long as you do not deliberately attempt to harm people. Deliberate harm would be where you dug a hole on a path and covered it with grass or bushes so that it became a trap or if you connected a fence wire to mains electricity to stop people entering your land.

    There is no onus on you to provide signs or fence off area that may be dangerous unless it is covered by regulation.

    I wish people who don't understand the legislation would stop interpreting it.

    Slava Ukrainii



  • Registered Users Posts: 19,866 ✭✭✭✭ neris


    I think that was up above the lake in Glendalough where Coilte had put in railway sleeper type pathways on the walks/trails and the case went against her



  • Registered Users Posts: 1,869 ✭✭✭ Dunedin


    this would certainly contradict some of your points above in regard to duty of care and also liability. Your earlier comment above states that ‘insurance is not an issue’. Any landowner would be very naive to think like that.

    This case which the circuit court heard confirms my point which simply stated that you will be liable if found negligent.

    unless for course Bass you argue that the circuit court should not be interrupting law........ it’s irrelevant that the high court overturned it as that’s why Appeal processes are in place in any jurisdiction. High court regularly overturn decisions on appeal.

    Going back to gun clubs and hunters on land. All gun club members are insured with the NARGC which is a full comprehensive insurance covering individuals, their shooting party, their dog and any damage they may do to livestock or property and they are generally very good at paying out. All members are obliged to carry their membership card with them when out hunting. The card is the size of a credit card and contains their name , club name and date of birth so simply ask to see their card in the first instance will confirm who they are and if they are members of their local club

    NARGC are typically very good to pay out and pay out quickly. However, like any insurance there is a few small prints that they must adhere to:

    1. all accidents must be reported within 24 hours
    2. shooting party must be limited to 3 guns
    3. all in party must be NARGC members
    4. the exception to 2 above is on say fox shoots where you will typically have a lot more than 3. Clubs are obliged to contact their county secretary to inform of said fox hunt and pay a nominal fee of €20 and they are all insured. Many clubs don’t do this unfortunately.

    Lasting piece, if as a landowner you’re in doubt, put them out



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  • Registered Users Posts: 7,748 ✭✭✭ ganmo


    Eventually, It had to be appealed.

    the woman in that case had a solicitor husband which is why I'm guessing it made it to court...but I still wouldn't like to pay for a court defence.



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