Legal query: hunting and shooting on my land

“I am a landowner and have problems with uncontrolled hunting with dogs on my farm. What are my legal rights and what should I do to prevent these trespassers from entering my lands?”

Unless hunters hold sporting rights to hunt on your property (this is not usually the case but, if so, it should be specified on the title deeds to the property), neither they nor their dogs have a right to trespass on your property. Regardless of whether or not you publish a preservation notice, hunters have no right to enter privately-owned lands without permission.

However, many landowners choose to publish a preservation notice to make it abundantly clear to hunters that they are not allowed to enter the land. Below is a sample preservation notice which you may wish to publish in your local newspaper.

“Take notice that all my lands at [insert address(es) of land] are private and preserved day and night. All forms of hunting and shooting are strictly prohibited. Trespassers will be prosecuted. Signed [insert name(s) of landowner].”

The Wildlife Act 1976 as amended by the Wildlife (Amendment) Act 2000 makes it an offence for any person who is not the owner or occupier of land to enter on that land for the purpose of hunting wild birds or animals where they do not have the permission of the owner or occupier of the land.

Further, it is an offence to carry on to that land, without permission, any firearm, net, or other weapon, instrument or device capable of being used for hunting a wild bird or a wild animal or to shoot over or into the land.

The legislation further provides that an owner or occupier of the land or a person entitled to enjoy sporting rights over the land or a member of the gardaí or the holder of a licence to hunt with firearms may demand the name and address of a person who is hunting on land without permission. A person who refuses or gives a false or misleading name and address is guilty of an offence. Further, the gardaí are entitled to seize any firearm, weapon or device in such circumstances.

In any proceedings for an offence, it shall not be necessary for the owner/occupier of the land to prove that the person hunting was on the land without lawful authority; the onus of proving there was permission rests on the person hunting on the land.

Livestock worried by dogs

The Control of Dogs Act 1986 as amended by the Control of Dogs (Amendment) Act 1992 sets out the principal rules pertaining to liability for damage caused by dogs. If a dog worries livestock, Section 9 (2) of the Act provides that the owner or any other person in charge of the dog shall be guilty of an offence. The only exception is where it is established that at the time the dog worried the livestock, it was for the purpose of removing trespassing livestock and that having regard to all the circumstances the action was reasonable and necessary.

The term “worry” in relation to livestock means to attack or kill or to chase livestock in such a way as may reasonably be expected to cause the death of or injury or suffering to the livestock or to result in financial loss to the owner of the livestock. Section 21 of the Act imposes strict liability upon a dog owner for any injuries caused by dogs to livestock and for damage which results when a dog attacks a human.

Injuries on your land

The liability of a landowner, in relation to a person entering on their land, if an accident were to occur, is governed by the provisions of the Occupiers Liability Act 1995. It may be argued that a person entering your property without permission is a trespasser, committing an offence under the Wildlife Act 1976 (as amended) and, consequently, that no duty of care is owed to the trespasser.

It might be worthwhile in advance of the hunt season to send a letter by registered post to all hunt masters in your area advising them that you do not wish the hunt to pass through your land if they have been doing so without permission.

You may also wish to put a notice in your local newspaper and erect a sign on the main entrance to your holding highlighting that your land is strictly off limits. These are both optional – hunters have no right to enter lands without permission. If trespassing still occurs, it is open to you to contact the gardaí, who can take appropriate action.