complex commonage

farmmad86

This is a little complex from the outside but I have a share in a commonage their are 4 shares in total, however their are 10 using various sections on an adverse possession basis in excess of 40 yrs so cant be removed, 1 individual bought 2 shares and rose trouble for 1 shareholder and is now trying to get out because he vant plant it, he is trying to sell it to anyone who doesn't know the complexity of thr land and wants way to much for, is their anything that could be done to raise the issues at land registry level or before to prevent someone getting caught in the wrong
Any advice would be great

Markcheese

Bit of a balls up -

farmmad86

It Is he cant plant it and after the trouble has settled he wants out but wants someone with no knowledge and cash to buy,
Dept declared it ineligible for declaration last year because of the mess its in, Cant be fenced because of the number involved that have parts and aren't shareholders and probably needs an EIA assessment from the dept to confirm that because it has never been farmed and most is now going wild,

Markcheese

If it's not fenced , or improved by vacant possession holders- and it's going wild because it's not farmed , what right do vacant possession holders have to the commonage ? Just because someone can prove that they threw a few stock on the mountain once without permission doesn't necessarily give them rights- unless they went through the courts -
Are we talking horses over wintered ??

farmmad86

This particular was once bog no turbary rights just straight commonage between 4 over time the 4 shares stayed relatively the same hands but the adverse possessors were cutting turf from commonage at the back of their own fields and now its cutaway but the fields run into the commonage with boundary drains running to a bord na mona boundary, legally they are their to stay that is guaranteed, its really the fella that bout in to rise trouble and plant forestry thats the problem, dumps horses today, could be their a week or two if they go missing he cuts wire fences on the only farmer in the area on his private land, or locks gates on private property because he cant get everyone to hand their land over to him,

Markcheese

Not much point in telling the estate agent -as it'd not go anywhere - you could put a notice up at entrance to the bog - with owners/ interested parties names-and possibly planning/ forestry issues - but your neighbour will have them down -
Do land registry have details of commonage share owners - if farmers have possession of some of it that should show up too- leave it to a buyers solicitor to find the problems-

farmmad86

Markcheese wrote:

Not much point in telling the estate agent -as it'd not go anywhere - you could put a notice up at entrance to the bog - with owners/ interested parties names-and possibly planning/ forestry issues - but your neighbour will have them down - Do land registry have details of commonage share owners - if farmers have possession of some of it that should show up too- leave it to a buyers solicitor to find the problems-

They do but not of adverse possessors until theyut in the claim, most dont even know, I could probably leave it to the buyers solicitor but itll be the same storry, be left to sort out the ruddy mess again to get peace for a few years,