Hello oh wise ones,
I'm looking for some advice on a right of way issue (sigh.....).
Our rural family home is at the end of a county road, let's say 'CR1'. Another road runs parallel but separate, let's call it CR2. In recent years flooding has massively increased and CR1 was occasionally impassable. When that happened a neighbour began crossing our farm at reach CR2 in order to reach town, claiming they had a right of way. There is no registered right of way across our farm, as confirmed in writing by the county council to both us and the individual, but they have just chosen to ignore it.
The water is muddied a little by the fact that there is an old laneway through our farm to CR2. We have asked this neighbour for evidence of their claimed right of way and they keep telling us 'it's coming' but of course, no documentation appears and they keep trespassing. In the meantime gates are left open, signs go missing, and damage is caused to our farm.
But if only that were all that happened. This person employed a workman to bring a digger onto our farm to cut trees, we found the same person cutting trees with a chainsaw, they organised a public meeting locally (and notified us by anonymous letter) to try and 'open the road' and also brought a gang on a 'walk', from which criminal charges are pending against two individuals (whole other story).
A file has gone to the DPP against this individual and the direction is civil remedy. I believe this person's claim of a right of way may have been strengthened by the two individuals against whom criminal charges are pending. They gave statements and would obviously be happy that they could claim in their future prosecution that the DPP directed no criminal charge on trespass.
The problem is that a civil remedy simply won't happen due to this person's actions over the past two decades and the escalation involved. I am also fearful that because the DPP has said no to criminal charges, that the individual will simply take that as a carte blanche to do what they want in terms of both trespass and criminal damage. My parents have already moved out of our home because of this and I am seriously concerned for their mental health.
We can appeal the DPP's directions that no charges be brought despite the garda recommendations on trespass, harassment and criminal damage. Any advice on the appeal?
Or anything else which could potentially remedy this?
I'm looking for some advice on a right of way issue (sigh.....).
Our rural family home is at the end of a county road, let's say 'CR1'. Another road runs parallel but separate, let's call it CR2. In recent years flooding has massively increased and CR1 was occasionally impassable. When that happened a neighbour began crossing our farm at reach CR2 in order to reach town, claiming they had a right of way. There is no registered right of way across our farm, as confirmed in writing by the county council to both us and the individual, but they have just chosen to ignore it.
The water is muddied a little by the fact that there is an old laneway through our farm to CR2. We have asked this neighbour for evidence of their claimed right of way and they keep telling us 'it's coming' but of course, no documentation appears and they keep trespassing. In the meantime gates are left open, signs go missing, and damage is caused to our farm.
But if only that were all that happened. This person employed a workman to bring a digger onto our farm to cut trees, we found the same person cutting trees with a chainsaw, they organised a public meeting locally (and notified us by anonymous letter) to try and 'open the road' and also brought a gang on a 'walk', from which criminal charges are pending against two individuals (whole other story).
A file has gone to the DPP against this individual and the direction is civil remedy. I believe this person's claim of a right of way may have been strengthened by the two individuals against whom criminal charges are pending. They gave statements and would obviously be happy that they could claim in their future prosecution that the DPP directed no criminal charge on trespass.
The problem is that a civil remedy simply won't happen due to this person's actions over the past two decades and the escalation involved. I am also fearful that because the DPP has said no to criminal charges, that the individual will simply take that as a carte blanche to do what they want in terms of both trespass and criminal damage. My parents have already moved out of our home because of this and I am seriously concerned for their mental health.
We can appeal the DPP's directions that no charges be brought despite the garda recommendations on trespass, harassment and criminal damage. Any advice on the appeal?
Or anything else which could potentially remedy this?