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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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My father died and left his estate to his wife (my mother),

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My father died and left his estate to his wife (my mother), my brother is claiming land. he cuts grass and verbally abusing my brother on same land. Also a private road running through the land and he has blocked this off on numerous occasions denying access to neighbours that my mother allows to use. Gaurds say they have no power to keep him off the land, what can we do?
1. At the outset, the Gardai never get involved in private disputes over land. They leave it to civil remedy. Accordingly, the Gardai is not the route by which you will solve your inter-family dispute with your brother. In essence, you need to engage in legal proceedings to deal with your brother, as I see that solicitor letters have not yielded any results. Essentially, the onus is placed on your mother as owner of the land to seek an injunction to keep your brother off the land and to prevent him from interfering, by cutting grass, by preventing neighbours crossing the private road, and by verbally abusing your brother. This injunction can then be policed via the courts thereby preventing your brother from continuing to cause difficulty. I would also suggest as part of this process, your mother considers what she wishes to do with the land, whether she wishes to divide it and give a piece to each of her sons, as this might solve your brother's behaviour and give each of you something to leave you financially better off.
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