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Forestry company wants right of way

  • 06-05-2015 3:37pm
    #1
    tiddleywinks
    Registered Users, Registered Users 2 Posts: 7 ✭


    A forestry company has a large plantation behind mine. It has access on an old boreen and cannot widen it to let trucks in and out. They have approached me to get a right of way across my land as I adjoin the public road. It would be at least 600m long. What sort of price would they be expected to pay to get access? I do not want to sell the land, but would be happy to allow access. Thanks.


Comments

  • #2
    ford2600
    Closed Accounts Posts: 4,457 ✭✭✭ford2600


    tiddleywinks wrote: »
    A forestry company has a large plantation behind mine. It has access on an old boreen and cannot widen it to let trucks in and out. They have approached me to get a right of way across my land as I adjoin the public road. It would be at least 600m long. What sort of price would they be expected to pay to get access? I do not want to sell the land, but would be happy to allow access. Thanks.

    Try the legal discussion forum.

    A defined period licence might be a better idea, not sure you can limit time on right of way.

    Gives you power to keep manners on them.

    How much? How much is wood worth? How big is it? What is effect on your farm?


  • #3
    tiddleywinks
    Registered Users, Registered Users 2 Posts: 7 ✭tiddleywinks


    Thanks. I'd only be allowing it as a harvesting road, and they would have to repair it.


  • #4
    TopTec
    Registered Users, Registered Users 2 Posts: 1,167 ✭✭✭TopTec


    A relative of mine had dealings with something similar in Wales. I don't know the details but part of the agreement for access was a bond. A sum of money for repairs after the job was done. This dealt with any fears that the forestry company would clear off without repairing is road. I think the bond was held by one of the solicitors that drew up the agreement.

    Just a thought.

    TT


  • #5
    TomOnBoard
    Registered Users, Registered Users 2 Posts: 5,122 ✭✭✭TomOnBoard


    TopTec wrote: »
    A relative of mine had dealings with something similar in Wales. I don't know the details but part of the agreement for access was a bond. A sum of money for repairs after the job was done. This dealt with any fears that the forestry company would clear off without repairing is road. I think the bond was held by one of the solicitors that drew up the agreement.

    Just a thought.

    TT

    The idea of a Bond is a good one in my view. Is the company a private one, or is it Coillte?

    get a solicitor to check it out before signing anything- just to make sure the agreement doesn't come against you in the future..


  • #6
    TopTec
    Registered Users, Registered Users 2 Posts: 1,167 ✭✭✭TopTec


    TomOnBoard wrote: »
    The idea of a Bond is a good one in my view. Is the company a private one, or is it Coillte?

    Nope. There is no Coillte in Wales, mainly Forestry Commission but some private owners. It wasn't Forestry Commission.

    TT


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  • #7
    TomOnBoard
    Registered Users, Registered Users 2 Posts: 5,122 ✭✭✭TomOnBoard


    TopTec wrote: »
    Nope. There is no Coillte in Wales, mainly Forestry Commission but some private owners. It wasn't Forestry Commission.

    TT

    Sorry TT.. Didn't cop that you're in Wales.

    Be careful of allocating anyone a "right of way"... Legally, a right of way has certain connotations that may be wider that your intentions. Perhaps the term easement may be more appropriate as it may be capable of being more targeted to the intended purpose.

    For example, an easement might say that:

    "the landowner grants to "insert here" a right to manage, plan, develop and build a roadway in accordance with XXXX Authority regulations with the sole purpose of accessing the woodlands/forest(s) at (insert Land Registry folio references here) for the sole purpose (s) of tree harvesting between 1st October 2015 and 31st March 2016. No rights are given or implied beyond these purposes and/or outside of these dates for accessing "the landowner's" lands, such access to include inspecting, crossing, measuring, surveying and/or all forms of construction of physical structures, except insofar as a written permission is granted by "the landowner" in each and every case"

    etc. etc.

    In consideration of this grant, the "forestry company" shall pay to "the landowner" a sum of £xxx at least 30 days before the commencement of an agreement coming into force.

    This agreement is renewable in its entirety on an annual basis, if, and only if, the landowner agrees to it..

    BTW, I've just given you around £500 worth of free legal advice... ;-)


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