However, it exclusively does not include dogs, cats or wild animals. And, it is not clear from the information you have furnished to me as to whether the owner was driving the cattle or the cattle went on to your land of their own volition.
Cattle who stray onto your land of their own volition, i.e. not driven on to it, are treated differently, depending on the circumstances. You would have to prove negligence of the owner if they were being lawfully driven on the public highway and the owner of the cattle would be liable for the damage caused by the cattle.
Given that the owner of the cattle contacted you to advise that the cattle had broken on to the land, you will have to quantify the damage done to your property. This damage may be recoverable if you were to bring an action in court. In the event that you recover on the basis that it is a wrong against land, you can only recover for damage caused to your land and crops, and not for any other damage. The premise of recovery, what is called, a tortious claim (French for 'civil wrong') provides for compensation for the any wrong done.
You say that the lawn and flower beds have been damaged, that the shrubs have been pulled up and the farmer has offered to roll the lawn and give you €200 towards new shrubs. You are entitled to compensation for the damage done, and therefore you ought not to be liable for any out of pocket expenses or costs yourself.
Try to keep relations amicable with your neighbour, as after this has been resolved, you will still be living near each other.
A starting point is to take some photographs of the damage, then measure the flower beds and take an account of the type and age of shrubs requiring to be replaced. You should then contact a garden centre or nursery and get a quotation or an estimate of similar shrubs and plants required for similar cover in the beds.
Similarly, measure the lawn and contact a contractor, and ask for an estimate or quotation to carry out spiking, rolling and re-seeding. Bring the two estimates/quotations to the neighbour and see if he will agree to discharge the amounts. Alternatively, get the work done if he agrees. You may be better off getting an independent contractor to do any works – rolling, seeding etc. rather than him carrying out all or some of the works directly.
It may also be the case that the fencing or ditch between the properties may require remedial works to be carried out to prevent the issue happening again. If it is a shared fence or ditch, then maybe you can agree with the neighbour to share the cost of that work.
In the event that the cattle owner does not agree, contact a solicitor and ask him or her to consider taking an action against the neighbouring cattle owner for cattle trespass.
Please also remember that the Small Claims Court (an Office within the District Court which does not necessitate a formal Court process and associated legal fees) allows for a paper application, together with a small fee for a claimant to make a claim for up to a limit of €2,000.00 and this may be done by yourself. The procedure and forms are available online at www.courts.ie.
Karen Walsh, of Walsh & Partners, Solicitors, comes from a farming background and is a solicitor specialising in agricultural law, land law and renewable energy and is author of ‘Farming and the Law’ available from www.claruspress.ie. The firm also specialises in personal injuries, employment law and family law. She has offices in Dublin and Cork. For further information please contact 01-602000 or 021-4270200.
Disclaimer: While every care is taken to ensure accuracy of information contained in this article, Solicitor Karen Walsh does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time.