Neighbours sheep on my private property

Wexford96

Hello.

I have owned a holiday home in the south east for approx 25 years. Due to working far away, I only get to visit the house approx once a year. Every time I visited the neighbour had approx 25 on the giant garden at the back of my house. Approx 10 years ago, I asjed him to move the sheep. He moved the sheep for one year, then they were back in again. The situation annoys me, but I usually forget about once I leave he holiday home.

This year the sheep were in again as usual. I mentioned this to a friend, and was told the neighbor is trying to make some kind of claim on that land/garden. Is it too late for me? What can I do? Should I visit a solicitor and explain? What then?

Thanks for reading.

Deregos.

How big is this giant garden?

It sounds like the first thing you need to do is get your land properly fenced off.

A solicitors letter to farmer insisting 'no further trespassing' would also be a good start.

Wexford96

Soccer pitch approx.

Del2005

They can't claim adverse possession as you have been active on the property, they need to have 12 years of you not being aware they where squatting on the property to claim adverse possession.

They are breaking the law by not securing their sheep. But I've no idea who you call.

8.—(1) A person who has in his or her possession or under his or her control a farm animal shall, having regard to the animal’s nature, type, species, breed, development and environment, take all reasonable measures to ensure that—

(a) the animal is unable to stray from the land or premises where it is kept, and

(b) all buildings, gates, fences, hedges, boundary walls and other structures used to contain the animal are constructed and maintained in a manner that minimises—

(i) the risk that the animal will stray,

(ii) the risk, or spread, of disease onto or from the land or premises on which the animal is kept, and

(iii) the risk that the animal will damage the flora and fauna of the surrounding environment where the animal is contained,

having regard to shared boundaries or commonage.

(2) A person shall not, without lawful excuse, damage or interfere with a building, gate, fence, hedge, boundary wall or other structure used to contain a farm animal.

(3) A person who fails to comply with subsection (1) or contravenes subsection (2) commits an offence.

(4) Where a person having possession or control of a farm animal fails to comply with subsection (1) and that person is not the owner of the farm animal, then the owner of the animal shall also have committed an offence under subsection (3), unless the owner shows that he or she took all reasonable steps to ensure that all necessary measures in the circumstances were taken to comply with subsection (1).

https://www.irishstatutebook.ie/eli/2013/act/15/enacted/en/print#sec8

elperello

Have you considered making an agreement with the farmer to graze the garden ?

If the sheep don't graze it the place will go wild.

A proper lease could be drawn up.

Wexford96

https://www.boards.ie/discussion/comment/120950980#Comment_120950980

Thanks v. much, excellent info.

Wexford96

https://www.boards.ie/discussion/comment/120950985#Comment_120950985

Thanks for reply. He's not the kind of person I want to have any deal with either good or bad. I just want my property to not be entered. I also don't want to fall out with him.

893bet

https://www.boards.ie/discussion/comment/120950985#Comment_120950985

This really is the best course of action. Your garden is kept from going wild and there is someone around keeping an eye on the house and property etc.

sandman30

https://www.boards.ie/discussion/comment/120950980#Comment_120950980

Although they can't adverse possession, they can probably claim they have a tenancy if they claim they've been grazing it for 25years. As this is over 20 years they would automatically be entitled to a renewal of tenancy. Do you have proof you asked him to take the sheep off 10 years ago and that they were removed?

As mentioned above you probably need professional legal advice. A good start would be to get to it properly fenced and leased to another farmer.

No hassle option, fence you land off like a prison.

Hassle option when option 1 doesn't work because he has no respect for you, call the District Veterinary Office and complain, and send him a solicitors letter.

I would be careful in making public that X has been going on for so many years, very careful.

There are arseholes like this is every parish.

SuperBowserWorld

I first read this as "Neighbours sleep on my private property". 😁

OrangeBadger

https://www.boards.ie/discussion/comment/120950989#Comment_120950989

This isn't the type of claim your friend was on about, but either way I wouldn't worry about it he just wants the grass and if the sheep didn't get in it would go to shite, is there good access to the field? you could lease it to some local fella to take silage of it then there would be no more sheep getting in.