Land Encrochment

Moocow100

I have a Site outside cork ,its 2/3 of and acre Its in the A1 zone so I was refused planning .There is another cottage on the remaining 3rd of the Acre.
The people living there had spread there wings and moved into my land around the time I applied for planning which they objected to I had the move there vehicles and rubbish off the land at the time and marked the border , this was a number of years ago I haven't visited the place that much but I went there recently to find they have been using an area 30m x 30m of the land. I was going there to tell them get there stuff off the land I have no problem with that but I was told to get a solicitors letter sent which is a cost to me is this necessary .I have had the land surveyed and the extent was marked. My problem is if they show use they may lay claim to the land. Does anybody have any advise for this situation I would also be open to ideas as to what to do with the land ?

Clive

Unless they've had exclusive use for a long time I don't think they have any claim.

I'd advise them (by registered post) that you will be fencing off your land in the next weeks and that any items they have placed there should be moved. A solicitor's letter can put the frighteners on some people, but it's just a letter, I wouldn't waste your money.

Fence it off with their stuff inside or outside.

If it's agricultural land, rent it to a local farmer.

Moocow100

Thanks Clive I contacted a guy to clear the land and will send them a letter prior to doing this informing them to clear there stuff off the land .

miller50841

get a load of slurry delivered and dump it where they have taken over then fence it off and get them to pay to get there stuff back... I know probably wouldn't work but a nice thought.;)

Baralis1

It depends on the location but maybe it would be a possibility to get it planted with trees? There are grants etc to be drawn from it over the years and there are companies who will plant it and maintain for a number of years for the initial planting grant.

An Ri rua

Baralis1 wrote: »

It depends on the location but maybe it would be a possibility to get it planted with trees? There are grants etc to be drawn from it over the years and there are companies who will plant it and maintain for a number of years for the initial planting grant.

Too small to plant; as plantations must be a minimum distance from a residence AFAIK.

ps I have a similar problem to you. A neighbour who is a f**kwit Bollicky Bill and has been dumping profusely on our private lane. Rubble, refuse, waste. Shameful dirtbird. But in his case, he will shortly come a cropper as he is an arrogant pr*ck director of an organic company.

Whatever you do, don't lose your cool. Assert your rights and, if you're dealing directly with them ever at all, have your phone discretely recording every conversation. You don't need to apologise to usurpers. Best of luck

the_syco

To the OP and An Ri rua; look briefly at the rubbish, and check if you can see anything with their address on it, and then report the dumping to the Litter Warden? Not sure if the Litter Warden can help people on private property, but maybe something to check?

Moocow100

Thanks for the advise Im waiting for a quote to have the land cleared and I will inform the guy on registered post to remove the structure erected on the land .I thought of putting pigs donkeys setting up a halting site there to be honest Im still contemplating banking the sides and putting an oval motorcycle track there .

spockety

Not sure why there is any onus on you to inform them of anything? It is your land, if you're backed up by the folio then you can do what you want.

Tokyo

OP, put the land up for rent if you're not using it. Offer the cottage owner the chance to rent the land. HE can either say yes, or no. If he says no then his stuff has to go....

Baralis1

Well said Mike. Much as you might be annoyed with the person encroaching on your site, the ideal solution would be to rent it to them to allow them more living space and get some value from the site yourself. Win win all round.

Moocow100

I had no problem with him using the land I told him this when I originally went for planning I told him I would sell him the area he encroached for a pound/euro after I got planning he proceeded to object to my planning and got everybody in the row of houses to sign the objection ,he was well within his rights to do this .I told him to remove his stuff and marked the land divide . I havent done much with the land since but theres no way id let someone do that he can show use of land and try to claim it as his .

Ray Palmer

Moocow100 wrote: »

I had no problem with him using the land I told him this when I originally went for planning I told him I would sell him the area he encroached for a pound/euro after I got planning he proceeded to object to my planning and got everybody in the row of houses to sign the objection ,he was well within his rights to do this .I told him to remove his stuff and marked the land divide . I havent done much with the land since but theres no way id let someone do that he can show use of land and try to claim it as his .

Sounds lovely. I don't know why you aren't just ripping up everything on the land dumping it and sending him a bill.

the_syco

Ray Palmer wrote: »

Sounds lovely. I don't know why you aren't just ripping up everything on the land dumping it and sending him a bill.

This 100%

Moocow100

I just got a quote for a digger im off there next week I dont want the hastle but I couldnt let someone walk on me if he had come and asked to use the land I wouldnt have had a problem but unfortunately thats the way some people are ..

djimi

Ray Palmer wrote: »

Sounds lovely. I don't know why you aren't just ripping up everything on the land dumping it and sending him a bill.

Id be inclinded to be a bit more diplomatic about it (maybe send him a warning letter first and give him a week to remove his stuff), but essentially I agree with this.

An Ri rua

the_syco wrote: »

To the OP and An Ri rua; look briefly at the rubbish, and check if you can see anything with their address on it, and then report the dumping to the Litter Warden? Not sure if the Litter Warden can help people on private property, but maybe something to check?

Appreciate the tip.

I'd be wary of alerting a Litter Warden though if the rubbish can be seen from a public area e.g a road. If so, the landowner can be ordered to clean it up. This has happened in Cork actually. Read it in the media and on Boards elsewhere.

Actually, the Small Claims Court can be used in this instance. You can make a claim online for €25. Can't hurt. http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/781D7D5227918A618025715C004CAEF3?opendocument&l=en&p=110

Moocow100

Thanks for the heads up An Ri Rua appreciated.

Tokyo

Litter warden isn't going to do a thing regarding the dispute between you and your neighbour. In fact, as owner of the land, you are responsible for the removal of litter from the site, as far as the litter warden is concerned.

Realistically, if you're not going to be checking up on the site for a number of years at a time, then your only option is to put a fence around it and a gate with a padlock on the front. After that your neighbour is going to have to start knocking down fences or cutting locks, and that puts him well in the ballpark of trespass. Plant a few bushes along the fence to beef up the border a bit.

handlemaster

Its a small piece of land. Your only hope is to rent it for a nominal fee to someone so that guy next door doesn't claim title or try to. I suggest you just take down what has been built on your land..

handlemaster

Its a small piece of land. Your only hope is to rent it for a nominal fee to someone so that guy next door doesn't claim title or try to. I suggest you just take down what has been built on your land..