Persistent Trespassing

Easten · 30-06-2022 6:36pm #1

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?

Jim_Hodge · 30-06-2022 6:38pm

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?

bmc58 · 30-06-2022 6:40pm

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.

Calahonda52 · 30-06-2022 6:46pm

https://www.boards.ie/discussion/comment/119272834#Comment_119272834

permanent right of way via adverse possession.

Count Dracula · 30-06-2022 6:50pm

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?

Citizen Six · 30-06-2022 6:57pm

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

elperello · 30-06-2022 6:58pm

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.

Deeec · 30-06-2022 7:00pm

https://www.boards.ie/discussion/2058252542/persistent-trespassing

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

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

Easten · 30-06-2022 7:34pm

https://www.boards.ie/discussion/comment/119272834#Comment_119272834

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

https://www.boards.ie/discussion/comment/119272880#Comment_119272880

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

https://www.boards.ie/discussion/comment/119272925#Comment_119272925

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

Easten · 30-06-2022 7:38pm

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?

Deeec · 30-06-2022 8:24pm

https://www.boards.ie/discussion/comment/119273053#Comment_119273053

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

The DayDream · 30-06-2022 8:44pm

https://www.boards.ie/discussion/comment/119273066#Comment_119273066

Ah, so you've moved on from last month's plan to buy a flat with a sitting tenant paying below market rate and evict them by falsely claiming your daughter was moving into it? Do you do anything else besides look for ways to screw over people who aren't bothering you at all as they go about their daily lives?

My advice is talk to the man. I have little doubt that after one conversation he'll gladly drive 5 miles to avoid you.

MakersMark · 30-06-2022 8:45pm

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.

Lenar3556 · 30-06-2022 8:52pm

https://www.boards.ie/discussion/comment/119273066#Comment_119273066

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.

Furze99 · 30-06-2022 9:28pm

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.

Easten · 30-06-2022 10:39pm

https://www.boards.ie/discussion/comment/119273297#Comment_119273297

ah fcuk off for yourself you tosser

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Warned for Personal Abuse

Easten · 30-06-2022 10:44pm

https://www.boards.ie/discussion/comment/119273318#Comment_119273318

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

Easten · 30-06-2022 10:46pm

https://www.boards.ie/discussion/comment/119273233#Comment_119273233

Thanks, I didn't realise that

HBC08 · 30-06-2022 10:50pm

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.

30-06-2022 10:51pm

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

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

Easten · 30-06-2022 10:53pm

https://www.boards.ie/discussion/comment/119273808#Comment_119273808

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