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Persistent Trespassing

  • 30-06-2022 5:36pm
    #1
    Registered Users Posts: 849 ✭✭✭


    I have a persistent Trespasser. He drives his car in my private avenue and then goes across another neighbours field to get to his own. He does this to avoid a 5 mile round trip to get to his property but he has no legal grounds to take the shortcut. I have already blocked him in the avenue twice now. The first time he pleaded ignorance and btw thought it was a public road. The second time I blocked him in for over 2 hours as I btw never knew he was in the road. But he still persists on doing it. As it is an out farm I cannot keep watching it 24/7 he just waits till I've come and gone to do the trespass.

    What realistically are my options,

    can I block his car in permanently the next time I catch him?

    Would the Guards do anything, would they prosecute if they knew he was persistently trespassing?

    Post edited by Big Bag of Chips on


Comments

  • Registered Users Posts: 10,133 ✭✭✭✭Jim_Hodge


    Is there any harm being done by a neighbour using this route to his property? Why not just tell him you have no problem once whatever rules you need are adhered to?



  • Registered Users Posts: 2,742 ✭✭✭bmc58


    Have you a gate on your private avenue.Why not just lock it then.I know it's a nuisance opening and closing it when yoy're going in and out but it would surely stop this fellow taking his shortcut.



  • Registered Users Posts: 12,063 ✭✭✭✭Calahonda52


    permanent right of way via adverse possession.

    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users Posts: 1,297 ✭✭✭Count Dracula


    He is a neighbour, look after him. He is just looking for access to his property, saving him miles in the process. As long as he is not causing you any undue hassle or harm I cannot really see what your issue is? Have it out with him, blocking him and getting poxy will just lead to inevitable bad blood between the pair of ye.

    You might need a favour off him one day?



  • Registered Users Posts: 2,075 ✭✭✭Citizen  Six


    Put a gate on it, if you don't want it happening.



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  • Registered Users Posts: 13,786 ✭✭✭✭elperello


    If you are considering looking for a way to allow him to use the avenue without acquiring any right of way you could consult your solicitor with a view to drawing up a licence agreement.



  • Registered Users Posts: 4,522 ✭✭✭Deeec


    It sounds like hes not doing any harm. So whats the issue?

    All hes doing is driving down your lane to save time.



  • Registered Users Posts: 849 ✭✭✭Easten



    That's not the point. If everyone had that attitude then we might as well get rid of property rights altogether.


    He's no neighbour, he already has an access from the main road he can use that.

    As stated he would gain permanent right of way via adverse possession.



  • Registered Users Posts: 849 ✭✭✭Easten


    I'm not interested in giving a right of way to this fooker, neither is my proper neighbour who's field he trespasses through as well. I'm not putting up a gate that's an inconvenience, the lane is already marked private property no trespassing. I don't want the legal issue of him having a row either.

    So back to my original questions

    can I block his car in permanently the next time I catch him?

    Would the Guards do anything, would they prosecute if they knew he was persistently trespassing?

    and can I take legal action against him and would it be enforceable?



  • Registered Users Posts: 4,522 ✭✭✭Deeec


    He wont gain a right of way if his own property already has direct access.



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  • Registered Users Posts: 607 ✭✭✭MakersMark


    Cant help with your initial question, but no chance the neighbour can gain adverse possession.


    A person may be deemed to be in adverse possession of property when he/she in sole exclusive occupation thereof without acknowledgement to the legal owner(s) and his occupation is inconsistent with the title of the true owner.



  • Registered Users Posts: 1,268 ✭✭✭Lenar3556


    I don’t understand why you would be blocking him in? I thought you want him out?

    The Garda are unlikely to take a particular interest in trespassing other than perhaps to discuss the matter with both parties which in and of itself may be helpful. There is unlikely to a criminal element to the trespass - you blocking him in could be viewed differently however.

    You could certainly take legal action in the civil courts and seek an injunction requiring him to stay off your lands. But it’s going to be expensive, may take some time to secure, and you may have to return to court if he fails to comply.

    Property which is wide open invites trespassers, put up a gate.



  • Registered Users Posts: 9,404 ✭✭✭Furze99


    Did you not raise this before in the Farming & Forestry forum? Nothing to do with the Gardaí, unless one or other of you resorts to violence. Private matter. I think you need a court injunction naming the individual. And even then, can you enforce it? Better to come to an agreement.



  • Registered Users Posts: 849 ✭✭✭Easten


    ah fcuk off for yourself you tosser

    -----------------------------------------------------

    Warned for Personal Abuse



  • Registered Users Posts: 849 ✭✭✭Easten


    I blocked him before just to piss him off and as a deterrent to him doing it. He came back to his car after crossing through the neighbours land to drive home only to find he was blocked in. I left him there for over 2 hours.

    Why would the Garda not be interested, are peoples property rights of no interest to them so?

    I may have to put up a gate, but I wanted to find out what other options have I



  • Registered Users Posts: 849 ✭✭✭Easten




  • Registered Users Posts: 3,204 ✭✭✭HBC08


    He's probably trying for adverse possession, he may have already started the process.You better do something quick or you'll be in bother.



  • Posts: 0 [Deleted User]


    How did you come to own the land in the first place?

    If the timeline is followed back maybe its not legally yours.



  • Registered Users Posts: 849 ✭✭✭Easten


    He's trying to establish a right of way. His Mother did it to another family years ago, She used to be all friendly calling by and saying hello as she crossed their back Garden as a short cut. Roll on 15 years and She cost that neighbour over 25k to take back the right of way



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  • Registered Users Posts: 849 ✭✭✭Easten


    Stick your warning up your hole

    -------------------------------------------------

    Warned for Personal Abuse



  • Registered Users Posts: 2,958 ✭✭✭...Ghost...


    Gates cost less than 25k. Its what I would do....or spikes.

    Free Palestine from Hamas



  • Registered Users Posts: 3,228 ✭✭✭StevenToast


    Put up a gate....lock it...dont give the fùcker an inch....nip it in the bud early...

    Its not that inconvenient to put up a gate and it will be alot less hassle than dealing with this prick going forward...

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



  • Registered Users Posts: 3,204 ✭✭✭HBC08




  • Administrators Posts: 13,413 Admin ✭✭✭✭✭Big Bag of Chips


    Seeing as Easten has been banned for a few weeks and will be unable to engage with the thread, we'll lock it.



This discussion has been closed.
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