# Neighbour claims RoW through my property and has demolished the hedge/partition.



## Peeved (16 Jun 2013)

Hi, just wondering if anyone can offer some advice please. 

Have a neighbour who is pretty deranged but that's neither here nor there.

Neighbour has been giving us hell for a few years and is a general bully but recently has claimed a right of way through our property even though he doesn't need one for access anyway. 

There is definitely no right of way through our property but he claims there is seeing  as a former tenant of his had permission to go through but only on one occasion.

He has just demolished the hedge/partition that divides our property completely with a bulldozer. We phoned the police and they say there is nothing they can do even though he keeps trespassing like this.

I asked him to prove or claim his right of way through the court system before but obviously he never did as he knows he's wasting his time and money but instead he just decides to take matters into his own hands and take down the land divide altogether. 

How can you do this and get away with it?

Be very grateful for any help anyone can offer and thanks in advance for anyone who does!

Forgot to add, am seeing a solicitor tomorrow but surely its up to him to prove or claim right of way rather than me disproving it?


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## oldnick (16 Jun 2013)

The blunt simple answer is that you should build a wall/fence that is clearly on your side of the division-making sure from deeds etc that it is clearly on your side. (Hopefully you have access to deeds, maps  etc which contain details of ROWs etc)

But it would be wrong for me or anyone else to give proper advice without knowing the full facts which doubtless the solicitor will seek tomorrow.

Hope you are taking photos/videos.


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## Peeved (16 Jun 2013)

Hi thanks a million for the reply!
Yes, have all deeds and maps which do not indicate any burdens or right of ways etc. person is a known troublemaker and unfortunately, wall etc. is not really a practical answer as the divide in question is a field. He has just taken down the hedgerow(clay embankment with trees and shrubbery etc.) in a number of places which makes less sense as if was claiming right of way surely there should be one access point not just where ever and however many he see's fit, but that again is straying from the point as we have been there almost 50 yrs and he only a few yrs and certainly no historic right of way.

        I thought that it would be put to bed, as asked him to do it legally which he has never done and doesn't seem to want to. How do you make someone stop doing this? Surely, trespassing is a non entity when you can just reply to someone well I have a right of way through here so I'll get off when you prove  don't! Sounds very odd to me but that's the way it looks.

What stops him from knocking another type of fence, should we errect one anyway. We already tried to reinstate one part which has been there from living memory and he just raised it to the ground again.

Also, yes have all photos etc. before and after.


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## Luternau (16 Jun 2013)

Sounds like a difficult situation. Building a wall-clearly on your side would work. This would then not be a party wall, but something on your property, which he would not be able to touch (should not be able to touch)
Just one question-you said you phoned the Police-Are you living in Ireland or the UK?


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## terrysgirl33 (17 Jun 2013)

I think a solicitor will be your best way forward.  Can you take him to court for destruction of property?  Erecting new fences isn't cheap, and there was no reason for him to raze yours.


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## Gerry Canning (17 Jun 2013)

If he has cleared the Hedge/clay fence , I would be afraid he will try to creep in and take some of the ground on which old ditch sat on.

You need a solicitor and need this resolved now as from what you say this boyo ain,t going away.

Make sure you stay on the facts, make sure you log/photo what you can.

I wish you luck as awkward neighbours are hell .


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## Peeved (17 Jun 2013)

Thanks so much for the responses! I really appreciate it very much. Its a bit of a nightmare to be honest. 

Am seeing a solicitor on Wednesday so hopefully that will help. I'm very eager to see what can be done as I never heard of such a situation before. Its quite frightening to be honest as anyone can come and lay claim to your property by the looks of it and the Police or Gardai can do nothing for you. (Living in Ireland Luternau) I'm dumbfounded by this, as its a civil matter, I can go and knock a path into anyone's garden and you'll have to take the time and money to bring me to court just to stop me.

Salmon, I'm also afraid he's going to try to encroach now that he has demolished the existing ditch and has cleared the area of any former markers. 

Have carefully photographed all the area before and after so hopefully that will help.

Anyway, an acquaintance, who is a barrister, recommended to a solicitor who is very knowledgeable apparently in this area so hopefully that will sort him out. Its such a waste of time and money pursuing something that you ordinarily take for granted but in this case it looks as though that's the way its going to be.

Anybody have any ideas whether I should wait and have him put the ditch back in or if I would be wrong to put it back myself?

 Have temporarily blocked one site as he removed it with stock in the field leaving them free to roam the country freely, luckily they didn't! Also, if stock did wander out and cause accident, who is liable? I was told by insurance many years ago that if third party causes stock to get out that they are responsible i.e. unlocking a gate etc.


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## Janet (17 Jun 2013)

Surely there is also an issue with him destroying existing and long-established hedgerow from an environmental point of view?  Not sure what the legalities of that are but I thought that was a difficult thing to get permission for.


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## delgirl (17 Jun 2013)

Janet said:


> Surely there is also an issue with him destroying existing and long-established hedgerow from an environmental point of view? Not sure what the legalities of that is but I thought that was a difficult thing to get permission for.


It's illegal to cut or destroy hedgerows at this time of year:

*Section 40 of the Wildlife Act 1976, incorporating section 46 of the Wildlife (Amendment) Act 2000* 

_(a) It shall be an offence for a person to cut, grub, burn or otherwise destroy, during the period beginning on the 1st day of March and ending on the 31st day of August in any year, any vegetation growing on any land not then cultivated. _

_(b) It shall be an offence for a person to cut grub, burn or otherwise destroy any vegetation growing in any hedge or ditch during the period mentioned in paragraph (a ) of this subsection. _

_(2) Subsection (1) of this section shall not apply in relation to (a) the destroying, in the ordinary course of agriculture or forestry, of any vegetation growing on or in any hedge or ditch; _
_(b) the cutting or grubbing of isolated bushes or clumps or gorse, furze or whin or the mowing of isolated growths or fern in the ordinary course of agriculture. _

_(c) The cutting, grubbing or destroying of vegetation in the course of any works being duly carried out for reasons of public health or safety by a Minister or the Government or a body established or regulated by or under a statute. _

_(cc) the clearance of vegetation in the course of fisheries development works carried out by the Central Fisheries Board or a regional fisheries board in the exercise of its functions under the Fisheries Acts, 1959 to 1999; _

_(d) the destroying of any noxious weed to which the Noxious Weeds Act 1936, applies _

_(e) the clearance of vegetation in the course of road or other construction works or in the development or preparation of sites on which any building or other structure in intended to be provided. _

_(f) The removal or destruction of vegetation required by a notice served by the Minister under section 62(1) of the Act of 1946 to be removed or destroyed;_ 

The National Parks and Wildlife Service of the Department of Environment, Heritage and Local Government - information line at Freephone 1800 40 50 00 from 9am to 5pm. 

You can also contact the relevant conservation rangers from the National Parks and Wildlife Service for your county. 

Offences of Section 40 of the wildlife act can also be reported to Gardai.


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## Peeved (17 Jun 2013)

Thats also a good point ladies which I hadn't thought of even but very true. He didn't just cut the ditch/hedgerow, he completely obliterated it and the possible fauna living within it. I shall be pointing that out to the Gardai and the my solicitor too.


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## Bronte (18 Jun 2013)

Peeved said:


> . I shall be pointing that out to the Gardai and the my solicitor too.


 
Maybe there's a 'body' that deals with these kind of things, such as the environmental officer.


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## Janet (18 Jun 2013)

If you're not sure who to contact the farming and forestry section of boards.ie might be useful.


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## Peeved (18 Jun 2013)

Will do! I'm seeing my solicitor tomorrow so will point it out to him also. Will be sure to inform the Gardai also. He is so blind sided into trying to antagonise us, that things like that are of no consequence to him, which isn't right either. The law is supposed to be there for everyone to abide, not just when it suits. I have all my documentation and photos to hand, so hopefully we can put a stop to all this. Bullying doesn't just happen at school it seems. Pensioners aren't even safe from them.


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## terrysgirl33 (19 Jun 2013)

Even if he had right of way, this does not give him any right to remove a hedgrow.  Right of way would mean that he would have the right to use a gate in the hedge or something like that.


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## hennessy (26 Jun 2013)

*Right of way*

You will have to pull this guy up before the Circuit Court immediately and get an injunction to stop the trespass and an order that he reinstate the fence and whatever else he demolished. Your Solicitor should handle it for you.


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## Peeved (3 Jul 2013)

Thanks again, quick update..
Saw solicitor, of course he agrees that its totally off the wall. So he has sent him a letter to reinstate the hedges/ditch etc. within 14 days etc etc or court proceedings will ensue. For the letter and consultation etc its already cost €800.. Gasp! So unfair that we ahve done nothing wrong and have to take this route stop this lunatic. :-( If it does go to court we are advised to seek costs with a good chance. Fingers crossed! 
Why are some people so horrid?


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## delgirl (4 Jul 2013)

Have you contacted the Dept. of the Environment, Heritage and Local Government?  If you send them your photographic evidence and details of the offence, they state that it's their policy to prosecute - it might save you a lot of money to let them go after this person for you.

*Legislation​*Section 40 of​​​​the Wildlife act 1976 as amended by Section 46 of the Wildlife (Amendment Act) 2000. It is a policy of the Department of the Environment, Heritage and Local Government to prosecute where there appears to have been a breach of the law. More information is available on www.npws.ie under Policy.​


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## Peeved (4 Jul 2013)

Thats a good idea as my solicitor didn't pay any attention to that which was disappointing but maybe I will just contact them myself anyway.
Thanks delgirl!


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## Woodie (4 Jul 2013)

Hi Peeved, seems like a nightmare but as you are finding out the law in terms of civil issues IMHO very much against the offended party as seems to be your case. 
As a word of caution, your solicitor probably seemed disinterested in the environment issues because it was not central to your case or he/she does not think that it will have much clout.  
I'm pretty sure that the DoEHLG will not do much if they think it's a civil issue but as it relates to your boundaries it might be harm in going to the local council and investigating planning files, talk to the environment and planning sections and see if there are any breaches from any of their points of view.  I'd not get your hopes up too much (from experience) but you may get a good one that may help.  Hard as it might be, when discussing with them,  try not to  get lost on the civil issues and focus on their remit asking advice and then see if they will take action.  I know some of these are long shots  but the person you are dealing with seems like he needs to be tackled on as many fronts as possible.
There are some really nasty people out there, who also won't be told or can't be negotiated with, unfortunately you got one of them next to you.  I speak from past experience and know that the law is a poor servant in such unprovoked cases but usually eventually you will get to the end of it.  
If nothing else hopefully people on here can continue to give you support and advice.


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## Peeved (6 Jul 2013)

Hi Woodie, thanks for the great message!
Its very helpful getting advice and support I have to say, as its just boggling to think that this sort of thing can happen. Its the same as someone stealing from you or abusing you. Funny thing is, the powers that be would probably all too happy to nab me if I took an apple off my neighbours tree but my neighbour can not only trespass, but try to steal my property in broad daylight and there's nothing anyone can do! You really start to lose faith in the system. I have emailed the authorities already supplied by posters here and they have promptly replied and were very interested. Even if there is nothing done at least if they admonish him for doing this on wildlife grounds, it might just be another step to show he can not just do as he pleases, when he pleases.
Really fed up of him now. Can see how this sort of thing drives people crazy!


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## delgirl (8 Jul 2013)

Peeved said:


> I have emailed the authorities already supplied by posters here and they have promptly replied and were very interested. Even if there is nothing done at least if they admonish him for doing this on wildlife grounds, it might just be another step to show he can not just do as he pleases, when he pleases.
> Really fed up of him now. Can see how this sort of thing drives people crazy!


Good for you for doing everything you can to stop him.

Only word of caution would be that it's quite possible that this neighbour might be unstable and may be outraged that you are taking action against him.  You and your family should be very alert to / aware of that possibility and take extra security measures to ensure your safety.


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## Woodie (8 Jul 2013)

delgirl said:


> Good for you for doing everything you can to stop him.
> 
> Only word of caution would be that it's quite possible that this neighbour might be unstable and may be outraged that you are taking action against him.  You and your family should be very alert to / aware of that possibility and take extra security measures to ensure your safety.



I'd second that.  May be no harm to get yourself a video security setup, in that way you would have a record of any future infringements.  As you have already seen in your experience the burden of proof and protection in reality rests largely with the victim.


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## Gerry Canning (8 Jul 2013)

Peeved . @ 800 costs before court ? I worry at further costs. Make WELL sure of your ongoing Solicitors costs ie ask the Solicitor.
If it is too dear , give serious consideration of all matters.
Eg , represent yourself as it appears you have the information at hand.

Good luck.


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## Martina74 (21 Jan 2015)

Just wondering what the latest is on this....we have encountered sAme problem this past weekend, thinking of going legal route.....


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## Ravima (29 Jan 2015)

costs of a full blown Circuit Court action could be €15K if you win!! and more than double that if you lose. You will have to engage a lot of expert witnesses. If you win, you MIGHT be awarded costs against neighbour, but being awarded and collecting are two very different things. Even if awarded, you might have to pay your legal team and all the witnesses and then HOPE to collect against your neighbour. In theory if he does not pay (having lost) you can put a judgement mortgage on his land or even force a sale, but bear in mind the attitude of other neighbours/parishoners towards forced sale.

On the other hand, if you lose, he can do the same!


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## ajapale (1 Feb 2015)

You should consult your solicitor without delay. Does your solicitor have experience in these types of cases?


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