By Gordon Deegan

A judge has told a court that cattle owners and property owners have an obligation to maintain their boundaries to ensure that their cattle do not cause damage to neighbours’ properties.

At Ennis District Court, Judge Valerie Corcoran, made her comment before making a decree of €895 in favour of Eugene Fitzgibbon against neighbour and farmer, Malachy Hehir, over damage caused by Hehir’s cattle to Fitzgibbon’s lawn last summer.

Before hearing evidence in the case, Judge Corcoran told the parties in court “by the way I am a farmer’s daughter”.

In her ruling, Judge Corcoran said: “It is very unfortunate that long term neighbours have to come before this court in relation to a claim for €895 in circumstances where proper boundary walls can always rectify such issues.”

She said: “Unfortunately in this instance Mr Hehir ’s cattle did roam and did do damage on Mr Fitzgibbon’s property."

Court

Judge Corcoran made her ruling after solicitor for Fitzgibbon, John Casey handed in a booklet into court that contained photographs of the damage caused by the cattle hooves to the Fitzgibbon lawn.

In the small claim case before the court, Fitzgibbon said that cattle belonging to Hehir of Ballynagonnaghteragh, Maurices Mills, Ennis entered his property through a boundary ditch on June 28 and July 20 last "causing damage to my lawn".

Fitzgibbon said that on each occasion he contacted Hehir to say that his animals were on his property and on each occasion Hehrir made it clear that he did not bear any responsibility for his cattle entering the Fitzgibbon property.

Fitzgibbon of Shallee, Kilnamona, Ennis said that as the damage caused his auto-mower to become stuck in the hoof prints and unable to operate he decided to request a quote for repair to the damage.

Fitzgibbon said that the damage was repaired on August 8 by landscaper, PM Landscaping for €895 and when he again went to Mr Hehir to be re-imbursed, Hehir denied responsibility.

In court, Hehir said that his cattle went “into his father-in-law’s land by the side of the lawn”.

He commented: “I have been going into that field for 60 years".

In court, Hehir - who told Judge Corcoran that he had never been in court before - said that previously the Fitzgibbons "got €5,000 off my insurance I knew nothing about” over work he had carried out on the boundary with the Fitzgibbon.

Solicitor for Fitzgibbon, John Casey said that claim was settled before Hehir’s cattle went onto the Fitzgibbon's lands last Summer.

Hehir and Ruth Fitzgibbon offered conflicting accounts of what occurred that resulted in the €5,000 insurance payout when Hehir said that he tried to put in a boundary between the two properties in 2022.

Hehir said that Ruth Fitzgibbon prevented him from carrying out the necessary boundary-fencing works between his land and their lands.

However, in evidence Fitzgibbon said that without any notice on that date Mr Hehir knocked trees that were located on the boundary.  

In court, Mr Hehir - who told Judge Corcoran that he had never been in court before - said that previously the Fitzgibbons "got €5,000 off my insurance I knew nothing about” over work he had carried out on the boundary with the Fitzgibbons.

Solicitor for Mr Fitzgibbon, John Casey said that claim was settled before Mr Hehir’s cattle went onto the Fitzgibbon lands last summer.

Hehir and Ruth Fitzgibbon offered conflicting accounts of what occurred that resulted in the €5,000 insurance payout when Hehir said that he tried to put in a boundary between the two properties in 2022.

Hehir said that Ruth Fitzgibbon prevented him from carrying out the necessary boundary-fencing works between his land and their lands.

However, in evidence Ruth Fitzgibbon said that without any notice on that date Hehir knocked trees that were located on the boundary.