Re-stablishing Turbary Rights

patjack

Hi all, I have land which has adjoining bog with turf banks. These banks were let in the early 1920's. Our family bought the farm off the man who used to let these banks. These lettings were advertised publicly in a local p[aper at the time. Basically I am trying to ascertain whether our family has rights to these turf banks or not. Land is in my fathers name.
I have asked our solicitor to do a search with the land registry which I supose is the answer people will give me, but I would be interested if anyone has had previous experience regards something similar.
Thanks.

moy83

patjack wrote: »

Hi all, I have land which has adjoining bog with turf banks. These banks were let in the early 1920's. Our family bought the farm off the man who used to let these banks. These lettings were advertised publicly in a local p[aper at the time. Basically I am trying to ascertain whether our family has rights to these turf banks or not. Land is in my fathers name.
I have asked our solicitor to do a search with the land registry which I supose is the answer people will give me, but I would be interested if anyone has had previous experience regards something similar.
Thanks.

Im no expert but I think if the bogs were let it would mean that whoever bought / let them would have the use of the bog until there is no more turf to be got from their bank and then it goes back to the original owner .
But if they werent cut in a good few years I would chance cutting one or two
and see what would happen . Chances are if it was in the 1920s they were let there wont be any interest in them now .
I cut out of my neighbours bank this year just to see what happens ..... I'll keep ye posted !

Conmaicne Mara

moy83 wrote: »

Im no expert but I think if the bogs were let it would mean that whoever bought / let them would have the use of the bog until there is no more turf to be got from their bank and then it goes back to the original owner .
But if they werent cut in a good few years I would chance cutting one or two
and see what would happen . Chances are if it was in the 1920s they were let there wont be any interest in them now .
I cut out of my neighbours bank this year just to see what happens ..... I'll keep ye posted !

I hope it's the lad with the dog? :pac:

patjack

moy83 wrote: »

Im no expert but I think if the bogs were let it would mean that whoever bought / let them would have the use of the bog until there is no more turf to be got from their bank and then it goes back to the original owner .
But if they werent cut in a good few years I would chance cutting one or two
and see what would happen . Chances are if it was in the 1920s they were let there wont be any interest in them now .
I cut out of my neighbours bank this year just to see what happens ..... I'll keep ye posted !

:pac: Thanks Moy, I don't think they turf banks were let until the turf was depleted but rather let on an annual basis. I suppose something similar to the way you can buy a line of turf nowadays from someone elses bank but back then you cut yourself. It was advertised as the "usual letting of turf banks at..." at this appeared annually, so it appears that this man owned the banks and basically rented out banks or sections of the bank annually. It will be interesting to see what the land registry has on this. It would be nice to re-establish the rights if they did exist. I'd be thinking though others have similar rights but it would be nice to know for definite whether we have rights to any of the banks. I have seen it around locally lately an increased interest in people defining their turbary rights. Some of it has to do with the cost of energy and some of it has to do with compensation of €1,000 p.a. for not cutting upland bogs.

moy83

Conmaicne Mara wrote: »

I hope it's the lad with the dog? :pac:

Not at all he is a blowin . This lad is a buddy , I wont fall out with him anyhow . We can sort out somethi g if he is not happy about it

hugo29

moy83 wrote: »

Not at all he is a blowin . This lad is a buddy , I wont fall out with him anyhow . We can sort out somethi g if he is not happy about it

ya cute galway hooooor,

hugo29

patjack wrote: »

Hi all, I have land which has adjoining bog with turf banks. These banks were let in the early 1920's. Our family bought the farm off the man who used to let these banks. These lettings were advertised publicly in a local p[aper at the time. Basically I am trying to ascertain whether our family has rights to these turf banks or not. Land is in my fathers name.
I have asked our solicitor to do a search with the land registry which I supose is the answer people will give me, but I would be interested if anyone has had previous experience regards something similar.
Thanks.

As far as I know the Bog Rights come with a property and not the land, Was there a dwelling associated with the land, if so I think the bog rights is attached to the dwelling, (i am not 100%) we had a similar situation but the old dwelling was sold and I think the rights to the bog went with it,

moy83

hugo29 wrote: »

ya cute galway hooooor,

I wish . Ill probably be sorry I didnt just buy a couple of loads in the end

patjack

hugo29 wrote: »

As far as I know the Bog Rights come with a property and not the land, Was there a dwelling associated with the land, if so I think the bog rights is attached to the dwelling, (i am not 100%) we had a similar situation but the old dwelling was sold and I think the rights to the bog went with it,

yea, the dwelling or at least the remains thereof are still present and with the lands.
I won't mind if it ends up we have no entitlements to the banks, but if we do it would be nice to have them properly.

hugo29

patjack wrote: »

yea, the dwelling or at least the remains thereof are still present and with the lands.
I won't mind if it ends up we have no entitlements to the banks, but if we do it would be nice to have them properly.

Banks are yours then, use them well

crackcrack30

Are the banks being used ? if they are you can forget about it.....

If they haven't been used for a number of years its a different story...

The above about the dwelling has nothing to do with ownership or turbary....you can buy and sell banks as you please but banks tend to decend thru family name....

hugo29

crackcrack30 wrote: »

Are the banks being used ? if they are you can forget about it.....

If they haven't been used for a number of years its a different story...

The above about the dwelling has nothing to do with ownership or turbary....you can buy and sell banks as you please but banks tend to decend thru family name....

I know some banks are attached to house, lad not far away took back a lot of turf banks as they came with the house he bought, maybe it varies or was just a once off and they were being cut by other people right up until the day he took them back, anyway good luck with it pat jack

patjack

crackcrack30 wrote: »

Are the banks being used ? if they are you can forget about it.....

If they haven't been used for a number of years its a different story...

The above about the dwelling has nothing to do with ownership or turbary....you can buy and sell banks as you please but banks tend to decend thru family name....

Banks are not being used nor haven't been in my lifetime, puty the Grandfather wasn't still around, he'd have an idea.

reilig

Some people here are referring to turbury rights - complicated bugger's of things which differ in different areas. Basically a house has a right to cut turf and spread it on a certain square of land. In some places it wasn't just a house, but also a family - so a couple of houses could be cutting on the one bank. These rights die out when the turf is cut out - but how do you determine if the bank is cut out.

However, you do say that the particular bank was advertised on an annual basis which means that people didn't exercise turbury rights on this particular bank. However this does not mean that turbury rights do not exist or that nobody has a claim to them on the bank from 100 years ago. You rightly pointed out the land registry. They will have it on record who has a right to what!

crackcrack30

patjack wrote: »

Banks are not being used nor haven't been in my lifetime, puty the Grandfather wasn't still around, he'd have an idea.

That's unusual in this day and age.....I'd say it looks very good for you.. I'd meet anyone that trys to enter those banks head on to ask them who, what where, when and proof ..... listen to them and their reasons for not being on the bank for the last 30yrs.....and believe me they will come when they see someone trying to progress ,reclaim or improve.

Don't rush to the legal crowd until you have your homework well done.....and if they are neighbours try all routes not to fall out with them but don't be walked on..........good luck.

sceallaigh

I inherited a parcel of bog from my father who died in 1993. A local farmer is interested in buying it from me now to cut turf in it. Has anyone any idea how much it is worth? The area is 0.177 HA (Hectares I presume) although elsewhere in the documents issued by the Land Comission at time of purchase it says 1 rood and 30 perches.

crackcrack30

That's bout 1/2 acre....is it high bank or lowbank....you deffo won't be rich out of it....get a not so local auctioneer to value it;)....every one is different but i'd be slow to let it go , but i'm an old fashioned type..

hugo29

sceallaigh wrote: »

I inherited a parcel of bog from my father who died in 1993. A local farmer is interested in buying it from me now to cut turf in it. Has anyone any idea how much it is worth? The area is 0.177 HA (Hectares I presume) although elsewhere in the documents issued by the Land Comission at time of purchase it says 1 rood and 30 perches.

dont sell the bank, let him rent it for turf, if you are in Reps i think the bank can be included for payment ( i think ). .17 Hectares = .43 acres

sceallaigh

As far as I know its highbank. A figure of c. €2,000 was mentioned. Does this sound about right?