Bog Drains: Responsibility?

MacIarla

Hi, our backfield is wetland, bordering the bog. On one side is where my father and grandfather used to cut turf, and on the other side we have our current bog. We had to move because back in the day, Bord na Mona dug a drain across where we were cutting the turf and so, even in these modern times we live in, crossing a drain to get at turf is hard enough nevermind with the ass and cart.

They then moved about a mile and a half up the road to a borreen, where at its end we had to cut turf, but then when I was a boy we moved back to the current bog (the old one is cut off, the current one was not but for some reason was not used until recently).
But the old bog we began to reclaim in the past five years, but complications led to it not being finished, and so it is now growing back into furzes (it consists of about 2 acres). But now we want to finish it, before all the work is undone.
But to do this the drain must be cleaned etc. Now the locale who were also cut off or affected, believed that this drain had to be maintained by Bord na Mona, because they cut us off and it was their handiwork.

But they refuse now to clean it or pay a neighbour/contractor (who borders drain) to clean it, saying that they wish to let the bog as it is. Basically saying that they wish to conserve it in the future, not caring that this poorly maintained drain is flooding our lands annually, often so bad we cannot bring home the turf.

Sorry, about the complaining and long-winded story, but my question is,
Is it not the job of BNM to maintain these drains, seeing as they dug them?
Why should the farmers have to cough up to stop a dirty drain not technically on our land, from flooding us?

Or are we just over-reacting because its a bit of water and most of you fine gentleman and gentle-lady farmers have had to deal with BNM in a similar case?

All help is appreciated.

Milton09

I had a similar situation with land commission drains. The drains were through my bog, the flooding didnt affect or bother me but it did affect others around me. Basically my solicitor told me the drains are on my land, doesnt matter who put them there ,unless there is some specific reference to them on the deeds of the land it is up to me to maintain the drains- if i so wish. I could also do nothing about maintaining them and let them block up. If somebody else wanted to clean them, even to relieve flooding on their land, they would need my permmission first.

Is the drain you are talking about in BNM land?

MacIarla

Milton09 wrote: »

I had a similar situation with land commission drains. The drains were through my bog, the flooding didnt affect or bother me but it did affect others around me. Basically my solicitor told me the drains are on my land, doesnt matter who put them there ,unless there is some specific reference to them on the deeds of the land it is up to me to maintain the drains- if i so wish. I could also do nothing about maintaining them and let them block up. If somebody else wanted to clean them, even to relieve flooding on their land, they would need my permmission first.

Is the drain you are talking about in BNM land?

thank you, well we are reclaiming the land, so i suppose it is technically on ours and a neighbours because of some of their land is opposite ours, but then it cuts into bog. We dont own the bog just tubrary rights.

MacIarla

Anymore help from ye or can it be helped?