tresspass

Message

#1 Post by **corbyeire** » Wed May 31, 2006 2:59 pm

Ive always wondered what the law is on this - can the farmer acutally come after you with a shot gun - when your trying to reach a mark, that doesnt have direct access :?:

#2 Post by **gibbo** » Wed May 31, 2006 3:08 pm

hes not supposed to.but it doesn't mean he wont :D

#3 Post by **corbyeire** » Wed May 31, 2006 3:09 pm

so i am within my rights to walk across a stretch of land to reach the shore then

teacher · #4 Post by **teacher** » Wed May 31, 2006 3:28 pm

corbyeire wrote:so i am within my rights to walk across a stretch of land to reach the shore then

I'm fairly sure you have no right to cross land to reach the shore. Equally, the farmer shouldn't shoot you.

Assuming you can find him/her, it'd be polite to mention to the farmer that you'd like to get access to the shore, is that OK and is there anywhere that he'd rather you'd avoid, etc. Give him a nod when you see him.

#5 Post by **MAC** » Wed May 31, 2006 3:35 pm

I think that you have the right to cross land in Ireland for "recreational use" This includes hill walking and such. Access can be denied to streams by riparian land owners that hold control over Trout and Salmon fishing.

There was a guy from sligo (I think) that was jailed for 6 months for threatening behavior towards some walkers. My uncle was challenged by the same bloke. He was jailed for not paying the original fine.

It can be a fairly contentious issue though.

Kev

#6 Post by **corbyeire** » Wed May 31, 2006 3:41 pm

yea i know common sense should be the order of the day - but your allways telling yourself - there could be a great spot just over there!!

thanks for the replies lads

#7 Post by **col** » Wed May 31, 2006 3:45 pm

I think Mac is right but I find that if its not too much hassle(he/she isn't miles away) a friendly word with the land owner does no harm. Its nice and polite and ensures you're allways confident when crossing their land. 8)

col

teacher · #8 Post by **teacher** » Wed May 31, 2006 3:48 pm

teacher wrote:I'm fairly sure you have no right to cross land to reach the shore.

You're right, Kev. I stand corrected :)

http://www.oasis.gov.ie/culture_and_rec ... eland.html

Jonathan

#9 Post by jd » Wed May 31, 2006 4:17 pm

teacher wrote:
teacher wrote:I'm fairly sure you have no right to cross land to reach the shore.

You're right, Kev. I stand corrected :)

http://www.oasis.gov.ie/culture_and_rec ... eland.html

Jonathan

Sorry- I don't think that is true
"There is a distinction in Irish law between public and private rights of way. A public right of way is a person's right of passage along a road or path, even if the road or path is not in public ownership. A private right of way is the right to enter onto private lands, but only for the purposes of gaining access to or exiting from another piece of land. "

The right of way has to have been previously established.

It is generally a civil wrong to trespass (not a criminal one), and the landowner may seek an injunction against an individual or group of people.

Other recreational groups have had similar issues
eg
http://www.irishdolphins.com/webpilot/l ... id=64&l=10

If you are unsure, seek permission.

If a landowner doesn't want yopu on his land-you may disagree with it, but he does have a legal right to prohibit the trespass.
He doesn't have the right to threaten you or wave a shotgun etc.. (that is a criminal act)

#10 Post by **Donagh** » Wed May 31, 2006 5:22 pm

Many farmers would prefer not to be asked as they feel they may be more liable. Though according to the limited law I've done they shouldn't be under any duty of care unless the've set a trap. A land owner is in there rights to prevent access across their land unless theirs a right of way. Unless theres a sign I'd always chance it as most landowners are reasonable. THe farmer in mayo was prosecuted for his aggressive behaviour not for preventing access. In fact gardai can be called now to prevent trespass as it a criminal offense. This is due to the activities of a minority in the traveling comunity who were landing up on businesses premises and looking for money to move on.

Donagh

teacher · #11 Post by **teacher** » Wed May 31, 2006 5:25 pm

Donagh wrote:In fact gardai can be called now to prevent trespass as it a criminal offense.

I thought it was only criminal if you had the intention of causing damage or bisbehaving in some other way ???

#12 Post by jd » Wed May 31, 2006 6:05 pm

teacher wrote:
Donagh wrote:In fact gardai can be called now to prevent trespass as it a criminal offense.

I thought it was only criminal if you had the intention of causing damage or bisbehaving in some other way ???

The civil remedy is to get an injunction (I am not sure abouut damages).
If the injunction is broken, then it becomes a criminal matter (contempt of court)
of course IANAL etc etc

#13 Post by **fenitbob** » Wed May 31, 2006 11:24 pm

I thought that there was a right of way to get access to the foreshore?

teacher · #14 Post by **teacher** » Wed May 31, 2006 11:27 pm

fenitbob wrote:I thought that there was a right of way to get access to the foreshore?

I think you're allowed to be on the foreshore, but not necessarily allowed to get there (by crossing private property). All land above the (hoghest?) high water mark is owned (by a person, the state, etc.).

#15 Post by **stevecrow74** » Wed May 31, 2006 11:31 pm

teacher wrote:
fenitbob wrote:I thought that there was a right of way to get access to the foreshore?

I think you're allowed to be on the foreshore, but not necessarily allowed to get there (by crossing private property). All land above the (hoghest?) high water mark is owned (by a person, the state, etc.).

unless they have foreshore rights... there are a couple of marks with such owned rights in galway. security guards are slow though... always good to have a bicycles with me. :lol: :lol: :lol: :lol:

#16 Post by **Donagh** » Thu Jun 01, 2006 9:04 am

jd wrote:
The civil remedy is to get an injunction (I am not sure abouut damages).
If the injunction is broken, then it becomes a criminal matter (contempt of court)
of course IANAL etc etc

This was the case up to a few years ago. An injunction costs more than ten grand but there were a group of travellers in the cork kerry region setting uop camp on hotels doors steps saying give us 2 grand and we'll go or you'll have to spend so much on an injunction. THe law was changed to prevent this. You may have seen the traveller rites groups putting up bill boards claiming victimisation when the law was being changed.

Donagh

#17 Post by **Read** » Thu Jun 01, 2006 10:27 am

The civil remedy is to get an injunction (I am not sure abouut damages).
If the injunction is broken, then it becomes a criminal matter (contempt of court)
of course IANAL etc etc

Don't be too hard on yourself. You went into quite a bit of detail but I don't think it's that ANAL :wink: :lol: :lol: .

By the way teacher you express yourself very well but you will have to work on your grammar and spelling. 8 out of 10 for effort :lol: :lol: :lol: .

teacher · #18 Post by **teacher** » Thu Jun 01, 2006 10:32 am

Read wrote:By the way teacher you express yourself very well but you will have to work on your grammar and spelling. 8 out of 10 for effort :lol: :lol: :lol: .

Sit down and stop interrupting. And pay more attention. :)

#19 Post by jd » Thu Jun 01, 2006 10:40 am

teacher wrote:
Read wrote:By the way teacher you express yourself very well but you will have to work on your grammar and spelling. 8 out of 10 for effort :lol: :lol: :lol: .

Sit down and stop interrupting. And pay more attention. :)

Hey teacher..
where do you teach?
jd

#20 Post by jd » Thu Jun 01, 2006 10:44 am

Read wrote:
of course IANAL etc etc

Don't be too hard on yourself. You went into quite a bit of detail but I don't think it's that ANAL :wink: :lol: :lol: .

.

I shouldn't use those ETLA's *
IANAL = i am not a lawyer
jd
*Extended Three Letter Acronym :p

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