My neighbor keeps trespassing on my land. What are my legal remedies in Ireland?

What the Law Says

Trespass to land in Ireland is a tort (civil wrong) defined as any unjustifiable physical intrusion onto land in the possession of another. Unlike nuisance, it requires no proof of damage — mere unauthorized entry suffices. Section 2 of the Civil Liability Act 1961 confirms that trespass is actionable per se, meaning liability arises automatically upon proof of entry without consent or lawful justification. The Land and Conveyancing Law Reform Act 2009 (Part 8) further clarifies rights of possession and boundaries, reinforcing that occupation and control—not just title—underpin trespass claims. Defences include implied licence (e.g., historic access), necessity (e.g., emergency), or statutory authority, but these are narrowly construed by Irish courts.

Practical Steps

Begin by documenting each incident (dates, times, photos, witness statements) and send a clear, written warning via registered post stating the boundary line and demanding cessation. If trespass continues, consult a solicitor to issue a formal letter before action citing the Civil Liability Act 1961 and threatening injunctive relief. For persistent cases, apply to the Circuit Court (for claims ≤€75,000) or High Court for an interlocutory or perpetual injunction under Order 50 of the Rules of the Superior Courts. Where damage occurs (e.g., broken fences, soil compaction), quantify losses for a damages claim. Note: Physical confrontation or self-help (e.g., erecting barbed wire, blocking access unilaterally) risks escalation and potential counter-claims — always prioritise court-sanctioned remedies.

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