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Cattle on land, no rent paid

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245

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    #32
    Mo60
    Closed Accounts Posts: 485 ✭✭Mo60


    OP we were in a similar situation some time ago. Your only option is to go down the legal route, that is to contact a solicitor as soon as possible.


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    #33
    grange mac
    Registered Users Posts: 865 ✭✭✭grange mac


    Had similiar situation, wasnt wintering cattle so cousin asked could his sheep graze grass for winter. No prob. Fillowing year repeats exercise without telling me.

    Lost the plot when found out as had no grass following prev year. he said wud pay for fert....
    Said no. want his sheep out. why he asks..i said its principle of matter. Said wouldnt move em. Parents told me cool down...l told him would be on farm sat morning and if see his sheep ill leave all gates and gaps in farm open and if they go onto road nothing to do with me...they were gone following day.

    He hasnt spoke to me sence.
    Op dont b bullied by him. Stand up and inform him of facts and give him deadline...only then would i threatn legal.


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    #34
    ezra_pound
    Registered Users Posts: 2,497 ✭✭✭ezra_pound


    pk82 wrote: »
    That is not quite true. Verbal agreements do exist and are enforceable BUT the ability to prove same is very difficult (unless for example a witness were present when the verbal agreement were made - but still shaky)

    Yes they are enforceable however the land was given to the farmer for nothing. There was no quid pro quo. For this reason it is not an enforceable contract. It would appear that it was partly done on account of past mutual assistance. This cannot be legally accepted as consideration or quid pro quo. Past consideration is not adequate. I.e. I can't contractually agree to give you use if my field for something you have already done.


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    #35
    mf240
    Registered Users Posts: 4,850 ✭✭✭mf240


    Get a haulier and load the cattle and deliver them back safely to the farmers own property. Then lock the gate on your fathers land and erect a trespassers will be prosecuted sign.

    If the cattle are returned, repeat exercise but get the field ploughed. Bullys only target the weak.


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    #36
    keep going
    Closed Accounts Posts: 3,551 ✭✭✭keep going


    First make a report to the gards that he is trespassing on your lands- they wont do anythhing about it but you are putting it on record.second phone the deptment and inform them , same thing. Then Go to him now and tell he has week to get them out or you will open the gates and tell him what you have done.but you must follow through, not saying to turn them out just saying to open the gates.


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    #37
    bbam
    Closed Accounts Posts: 7,410 ✭✭✭bbam


    Some of the above advice is criminal, some insane and a recipe to start a good old Irish fude.

    Contact a solicitor and have them deal with it. Have the solicitor request that he makes no direct contact with yourself at all.


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    #38
    PatQfarmer
    Registered Users Posts: 597 ✭✭✭PatQfarmer


    bbam wrote: »
    Some of the above advice is criminal, some insane and a recipe to start a good old Irish fude.

    Contact a solicitor and have them deal with it. Have the solicitor request that he makes no direct contact with yourself at all.

    Best advice in the thread!
    We let lots of land for clients. All lettings and terms documented.
    Recently took over "Letting" where tenant hadn't paid elderly lady owner for FIVE years! Talking nearly 100 acres! A mix of promises and threats from him kept her quiet until her family became involved and instructed us.
    Solicitors letter looking for back rent and damages for preventing us letting the lands to another tenant got the lands vacated.
    Some people will take as much leeway as they can, but as stated by a few, bullies usually back down when faced with legal route. Physical action such as opening gates will make YOU liable for any damage caused by or to his livestock and may end up costing more than the land is worth.
    Only way is solicitor, then find a decent tenant, on a long-term lease if you are not going to farm it.
    Best of luck.


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    #39
    ht9zni1gs28crp
    Closed Accounts Posts: 1,011 ✭✭✭ht9zni1gs28crp


    Advertise the cattle for sale and put his number in the advert!





    not legal advice obviously but a light-hearted way of getting his attention!


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    #40
    lakill Farm
    Registered Users Posts: 4,735 ✭✭✭lakill Farm


    sell all the gates on the farm. Call him and tell him your selling them and he can have first option on them :D. Enough warning :cool:


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    #41
    delaval
    Closed Accounts Posts: 4,949 ✭✭✭delaval


    bbam wrote: »
    Some of the above advice is criminal, some insane and a recipe to start a good old Irish fude.

    Contact a solicitor and have them deal with it. Have the solicitor request that he makes no direct contact with yourself at all.
    +1
    This is tricky territory, if a law is to be broken let him do it. A bullies match is always at hand it's only a matter of finding it solicitor is the first step

    Do NOT interfere with his stock.


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    #42
    Lambofdave
    Registered Users Posts: 282 ✭✭Lambofdave


    Firstly sorry for your loss.

    A few things, are you dealing with this as the executor of the estate or has the will gone through probate?

    Make sure all you siblings are on the same page.

    Don't engage anymore with the man on the land, but keep a track of whats going on. The only way to solve this is by using a solicitor.


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    #43
    bob charles
    Registered Users Posts: 6,343 ✭✭✭bob charles


    I would first give him a warning to be gone out of the place by such a date before you involve the law. cheap option, if he isnt gone by date then involve a shyster,sorry sorry -a Solicitor


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    #44
    brandon_flowers
    Closed Accounts Posts: 1,657 ✭✭✭brandon_flowers


    Put the mains directly onto the electric fence for a couple of days.

    Not literally, but show him you are no pushover.

    An Alsatian is another option.


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    #45
    Manoffeeling
    Closed Accounts Posts: 931 ✭✭✭Manoffeeling


    brandon_flowers wrote: »
    Put the mains directly onto the electric fence for a couple of days.

    Not literally, but show him you are no pushover.

    An Alsatian is another option.

    Dogs? Fences?

    Solicitor, end of. €160 and it might be all sorted.


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    #46
    runawaybishop
    Registered Users Posts: 9,503 ✭✭✭runawaybishop


    brandon_flowers wrote: »
    Put the mains directly onto the electric fence for a couple of days.

    Not literally, but show him you are no pushover.

    An Alsatian is another option.

    Why don't you just rock up to the neighbours door and give him your bank account details? It will save you the hassle of going to court when he sues you :)

    Seriously, there is a lot of stupid and illegal advice here. Op, since your neighbour/ex friend isn't listening to your requests you should just consult a solicitor. Whatever you do don't go leaving gates open or blocking access to the animals or you will end up in more trouble than him.


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    #47
    bur
    Registered Users Posts: 1,689 ✭✭✭bur


    PatQfarmer wrote: »
    Best advice in the thread!
    We let lots of land for clients. All lettings and terms documented.
    Recently took over "Letting" where tenant hadn't paid elderly lady owner for FIVE years! Talking nearly 100 acres! A mix of promises and threats from him kept her quiet until her family became involved and instructed us.
    Solicitors letter looking for back rent and damages for preventing us letting the lands to another tenant got the lands vacated.
    Some people will take as much leeway as they can, but as stated by a few, bullies usually back down when faced with legal route. Physical action such as opening gates will make YOU liable for any damage caused by or to his livestock and may end up costing more than the land is worth.
    Only way is solicitor, then find a decent tenant, on a long-term lease if you are not going to farm it.
    Best of luck.

    How much does a solicitor charge to write a letter these days?


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    #48
    thenashlegend
    Closed Accounts Posts: 478 ✭✭thenashlegend


    Would be agreeing with some of the other posters as in, open the gates and let them off. If he's enough of a p***k to laugh in your face, he deserves a good run to catch them. Then chain and padlock the gates.

    Having said that, there was a pound in Mayo that would collect "stray" animals. The owner then had to pay to release them.


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    #49
    bbam
    Closed Accounts Posts: 7,410 ✭✭✭bbam


    Wow.
    Threads like this bring out alot of keyboard warriors and mad advice. I wonder if any have ever dealt with a difficult neighbour ever.

    OP has had a rough enough time without electrocuting, shooting, setting dogs on or running any mans stock to the road. This is just stoooping to the same primevial level as the idiot neighbour.

    Do it right.


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    #50
    runawaybishop
    Registered Users Posts: 9,503 ✭✭✭runawaybishop


    thenashlegend wrote: »
    Would be agreeing with some of the other posters as in, open the gates and let them off. If he's enough of a p***k to laugh in your face, he deserves a good run to catch them. Then chain and padlock the gates.

    Having said that, there was a pound in Mayo that would collect "stray" animals. The owner then had to pay to release them.

    Honestly now, do you think he's going to try to run and catch them or take you to court and laugh all the way to the bank? Because he'd win, no doubt about it.


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    #51
    iverjohnston
    Closed Accounts Posts: 1,242 ✭✭✭iverjohnston


    First of all, when did if put the cattle onto the land?
    You mention that your late father allowed him use the land to alleviate the effects of the hard spring we have just had. The cattle owner may well claim that your father give it to him for the year . Either way, they should be gone off the land by November 1st. in the interest of good land husbandry.
    If you are friendly with a solicitor, or indeed are dealing or about to deal with one to settle your fathers estate, they Will be eager to help get this guy off the land, and the case concluded, cause this is when they get paid .


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    #52
    bbam
    Closed Accounts Posts: 7,410 ✭✭✭bbam


    iverjohnston wrote: »
    First of all, when did if put the cattle onto the land?
    You mention that your late father allowed him use the land to alleviate the effects of the hard spring we have just had. The cattle owner may well claim that your father give it to him for the year . Either way, they should be gone off the land by November 1st. in the interest of good land husbandry.
    If you are friendly with a solicitor, or indeed are dealing or about to deal with one to settle your fathers estate, they Will be eager to help get this guy off the land, and the case concluded, cause this is when they get paid .
    Common sense stuff there.


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    #53
    KatyMac
    Registered Users Posts: 1,209 ✭✭✭KatyMac


    Solicitor all the way. It's amazing how a letter like that thru the door can change an attitude.
    But are there such things nowadays as Pounds that the animals can be taken off the land? Would the Guards be able to put OP in contact with the like?


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    #54
    munkus
    Closed Accounts Posts: 531 ✭✭✭munkus


    bbam wrote: »
    Wow.
    Threads like this bring out alot of keyboard warriors and mad advice. I wonder if any have ever dealt with a difficult neighbour ever.

    OP has had a rough enough time without electrocuting, shooting, setting dogs on or running any mans stock to the road. This is just stoooping to the same primevial level as the idiot neighbour.

    Do it right.

    If you opened a gate, who's to say you did it? You don't have to drive them out onto the road.

    Jesus, I get sick when I hear stories like this. Scumbag like this gives us all a bad name.


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    #55
    mf240
    Registered Users Posts: 4,850 ✭✭✭mf240


    munkus wrote: »
    If you opened a gate, who's to say you did it? You don't have to drive them out onto the road.

    Jesus, I get sick when I hear stories like this. Scumbag like this gives us all a bad name.

    I would take them back to him end of. Turning them out on the road is not right, they could be the cause of someone getting killed.


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    #56
    iverjohnston
    Closed Accounts Posts: 1,242 ✭✭✭iverjohnston


    Now we do not know what sheds etc are on the land, if any. But I would recommend you walk the land with an independent 3rd party and take note of all fixtures and fittings. Gates, barriers, feeders, any machinery etc. Take photos or film as proof, and try and show that days news paper in the photo as proof of when picture was taken.
    Amazing what can go missing when you have a client like this fellow leaving the farm.
    A local farm which was let after the owner died was missing a Massey 35x and a ride-on lawn mower when the year was up.
    Remember old old machinery can be surprisingly valuable.


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    #57
    lakill Farm
    Registered Users Posts: 4,735 ✭✭✭lakill Farm


    at the end of the way its the landowners place, no lease and he is trespassing.

    Lock the gates, and write to him and tell him he can collect his property on x day at x time only

    I had similar case in January 2010 and at the time our inhouse solicitor at work told me to do that. You have to give them a time and date to collect there goods. I won against Wh co co and I had them eating out of my hand.

    My saying to the county engineer and county manager was " so they are my gates" -yes , "and its my property" - yes, "so I can lock them when I want" - yes . "so whats your problem.

    Amazing what they agreed to do to get back there property. After that call the department and tell them the cattle are illegal on the property


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    #58
    litecoors
    Registered Users Posts: 4 ✭litecoors


    Plough the fields.


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    #59
    knownothing
    Registered Users Posts: 29 ✭knownothing


    bbam wrote: »
    Talk to a solicitor.
    He just needs putting in his place.
    Keep face to face contact to a minimum as he's obvious unreasonable.

    i agree totally. solicitor , solicitor, solicitor and a good one ,who is versed in this type of trouble . dont be afraid to stand up for what is rightfully yours. best of luck.


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    #60
    knownothing
    Registered Users Posts: 29 ✭knownothing


    bbam wrote: »
    Talk to a solicitor.
    He just needs putting in his place.
    Keep face to face contact to a minimum as he's obvious unreasonable.

    i agree totally. solicitor solicitor . solicitor and get a good one, who is well versed in this type of bull****. dont be afraid to stand up for what is rightfully yours. sounds like you have a bullyboy on your hands let the law take the corners off him. best of luck.


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    #61
    crackcrack30
    Registered Users Posts: 1,160 ✭✭✭crackcrack30


    Contact sol.
    Pin cattle into smallest field or pin with road access and lock other gates with chains.
    Turn off water....


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