John Ellis
Ceist:158 Mr. Ellis asked the Minister for Justice, Equality and Law Reform the rights of farmers to prevent trespass on their lands; and the action that should be taken by the gardaí where such trespass is reported. [3299/01]
Vol. 530 No. 1
158 Mr. Ellis asked the Minister for Justice, Equality and Law Reform the rights of farmers to prevent trespass on their lands; and the action that should be taken by the gardaí where such trespass is reported. [3299/01]
The legal position in relation to trespass is that it is a civil wrong and, for the most part, falls to be addressed by means of civil remedy. In that context, the usual remedy which an aggrieved landowner will seek is that of an injunction. It is also the case that because trespass to land is actionable per se, it is not necessary to show damage in order to succeed although, if monetary damages are part of the remedy sought, it would be expected that appreciable loss would be proven.