Trespass is a wrong against the citizen and the State

Legal advice for farmers 

If anyone enters your land, ask them to leave immediately and if they do not, instruct your solicitor to take legal action as soon as possible. File Picture. 

Dear Karen,

I inherited land from my uncle eight years ago.

However, I left to spend time in Australia around then, and haven’t been home much since.

On the last occasion I was home, I noticed a man was walking the land and he had animals on it.

I approached him and asked him to leave and he told me that the land was his. 

He is a neighbouring landowner. 

I need to get this man off the land. Can he claim squatter’s rights?

What advice would you give me? I am really worried he can claim my land!

Dear Reader, 

As a landowner you need to protect what you own.

Adverse possession, as it is known in legal terms, (otherwise known as “Squatter’s Rights”) allows a third party to claim a right over land which is registered in the name of another person, on the basis that they have occupied the land continuously for over 12 years with the intention of excluding all others, including the true owner. 

It is up to the squatter to prove his claim.

I am assuming that this man has not been in occupation for more than 12 years. If he has not, then he is not entitled to claim adverse possession.

You need to get him to leave your land as soon as possible. I presume you know this man’s identity. 

If so, you will need to write to him through your solicitor giving him 14 days to leave the land and remove his animals and equipment, machinery, etc.

You will also need to write in the letter that if he does not vacate within the afforded timeframe, you will have to institute court proceedings to have him removed. 

If this man is faced with the threat of legal proceedings, he may leave without you having to take matters further.

However, he may not, and you may have to proceed with the court action.

If he does not leave voluntarily, you do not have the power to force him to leave. You will need a court order.

You have the power to eject any trespasser until the 12-year time limit has elapsed. As this man has not acquired 12 years of exclusive occupation and possession, he is a trespasser.

A trespass is a wrong against the citizen and the State. If you are the owner or lawful tenant of land, you are entitled to occupation of the land. 

If, without your permission, someone else comes onto the land, for example, driving a car over the land. or walking across it, or allowing animals onto it, they have committed a wrong, or a trespass, against you.

Once you succeed in having this man removed from the land, you need to use this land and protect this land. or you may lose it.

Adverse possession is colloquially known as “squatters rights” and is based on an old theory requiring owners of land to actually make productive use of it. 

Historically, the value of land was derived from what it could produce, rather than the actual land itself.

Some helpful tips on how to protect your land from a squatters rights claim are as follows:

•  Rent your land to someone and ensure a lease is entered into in writing and that there is a record of rent being paid to you.
•  Inspect your land regularly to see if there are any trespassers on your land.
•  If you do not live in the country, arrange to hire someone to  inspect it on your behalf, or ask a friend to look in on it  from time to time and report any activity back to you.
•  Ensure it is sufficiently protected from straying animals from neighbouring fields. 
•  Ensure all gates are padlocked.
•  If anyone enters your land, ask them to leave immediately and if they do not, instruct your solicitor to take legal action as soon as possible.

• Karen Walsh, from a farming background, is a solicitor practising in Walsh & Partners, Solicitors, 17, South Mall, Cork, (021-4270200), and author of ‘Farming and the Law’. 
• Walsh & Partners also specialises in personal injury claims, conveyancing, probate and family law.
• Email: [e-mail] Web: www.walshandpartners.ie