In LAW the Nature of Trespass
Making a Complaint to An Garda Siochana.
In recent days and weeks we have seen members of An Garda Siochana facilitate the State and the Water Company installing meters on Peoples Private Property (PPP). There has been physical assaults, many of which have been recorded and documented. Members of An Garda Siochana have facilitated Criminal Trespass upon PPP and upon the Peoples themselves.
In LAW the Nature of Trespass:
“Trespass is the oldest form of tortious liability which consists of the direct interference with the person, land or goods of another. Liability is strict: it is actionable per se. The defendant (trespasser) is liable once the right of the plaintiff (Property Owner/Trespassee) has been infringed, though there was no actual loss”.
This short paragraph translates as; any Man, Woman, Person etc. that trespasses on your person, land(s) or goods (property) is committing a Criminal offence, even if there is no loss, harm or injury to you the Property Owner. Under the Oath of Office that all members of An Garda Siochana take, they have a duty to uphold, to protect Property and People above all else.
To codify the rule of Law …
and to Lawfully protect yourselves and your Property from trespassers, we suggest that you first go to the Land registry and get copies of the Original maps, that delineate/show the actual boundaries of “Your Property”. Get a copy of the Original maps, and not digital copies!
In most cases, most maps will show that the boundary of your Private Property goes out as far as Half-Way on to the road/highway outside your Private Property, and will encompass the footpath as being within the boundary of your Private Property.
This means, if you remove any implied right of access from any particular Person, Corporation and/or People, then these Persons, Corporations and/or People are deemed to be trespassers. Equally, if you give (them) Notice that any Property whatsoever, left on, in and/or near your Private Property becomes your Private Property, by virtue of the fact that it interferes with your enjoyment and/or use of your Private Property then you can remove, use, store and/or dispose of that same Property as you see fit, because it is now Your Private Property.
This will mean, you can safely remove, use, store and/or dispose of any offending material and/or goods, such as, hoardings, bollards, signage, plant, tools, machinery and/or any mechanical, digital or electronic devices etc.
Should you safely remove, use, sore and/or dispose of said offending material and/or goods, you do so in a Private capacity, and this is not something that need be discussed with any other People or parties. Private means Private, and what you do in a Private capacity is your own business, and nobody else’s.
Do not incriminate yourself, by telling others your Private matters.
When anyone Unlawfully Trespasses on your Private Property, as will be indicate on the Original maps that you get from Land Registry, this means a Criminal offence has been committed. Therefore it will necessitate a Criminal Complaint being made and Officially lodged with An Garda Siochana.
Prepare a written statement of the facts and events that took place, with specific names, places, dates and times etc. Bring along your written statement to your local Garda Station (as a reminder), and tell them that you are lodging a Criminal complaint against the relevant People/Parties that have Criminally Trespassed upon your Private Property. The Garda may be reluctant to take a statement, and may try to convince you that the matter is Civil and not Criminal, and may tell you that Irish Water or whatever party have Trespassed have a right to do their work and not be Obstructed.
If the Garda is reluctant to take your statement, ask to speak to the Sergeant and/or Superintendent, do not take no for an answer, and do not bother getting into an argument. You are there to simply lodge a Criminal Complaint of Trespass, and not there for a legal debate with an ordinary member of An Garda Siochana, who in all likelihood does not know the law. Politely escalate the matter to his or her superior.
In most cases An Garda Siochana will not take in your written statement, so don’t try to insist that they do. They will eventually agree to write down your statement, so you can verbalise what you have pre-prepared and/or let them copy down what you have written.
At the end of the statement before you sign it and take a copy from them, get them to put down that you “(I) reserve the right to supplement this statement with further evidence and proofs as may be appropriate and/or deemed necessary on an ongoing basis”. That way, at further intervals, you can send in supplementary statements and evidence on record to attach to the original complaint, and/or you can revise and update etc. as you go.
IMPORTANT: DO NOT LEAVE THE STATION without a“PULSE ID/REFERENCE NO.”. If no PULSE ID/REFERENCE NO. has been generated and issued/given to you, then no complaint officially exists, and therefore the Garda are not legally or lawfully obliged to investigate the matter.
Stay polite and remain determined. This is a matter of wills, and those that stay calm and resolute will get the desired results. Which is, no trespassers on your private property, and the members of An Garda Siochana Lawfully backing you up, as is their duty.