Cancelling Turbary rights to claim forestry grants

Grey Fox

Hi all,

Just wondering if any of you have gone through the process of removing Turbary rights on your land, how long it took and how you found the experience generally?

I planted several hectares of forestry in 2012. Some of this was on an area of land on the edge of the bog which I did not have ownership to, but had been farming for decades and was fenced off etc. My neighbours all have similar set-ups. After a 4 and a half year wait and lots of hassle I finally was granted ownership of the land 2 weeks ago. Unfortunately, there are still Turbary rights on the land as a burden which must be removed before any forestry grants or BPS can be claimed.

I'd be interested to hear other people's experiences as this has been one of the most drawn out and frustrating things I have ever gone through!

Thanks folks ☺

fergus1001

If you can track down the original owner there is a release of turbury rights form which they can sign and must be signed off on by a solicitor

PM me if you need any more assistance

Grey Fox

fergus1001 wrote: »

If you can track down the original owner there is a release of turbury rights form which they can sign and must be signed off on by a solicitor

PM me if you need any more assistance

Hi Fergus, thanks for your reply. The original owner is dead a long long time (he was born in the 1830's!). I had a solicitor all along but had to dump him recently as he told me he "doesn't know" how to remove the Turbary rights. I'm meeting with a new solicitor in the morning so hopefully this one will be more helpful.

I'm guessing the fact that the original owner is dead complicates matters considerably?

fergus1001

Grey Fox wrote:

I'm guessing the fact that the original owner is dead complicates matters considerably?

From what I know I think your chasing after a relative of his, but to be honest I'm a Forester and not a solicitor so I'll leave the legal advice to him, let us know what he says as it is of genuine interest to us and may help someone else down the line

Grey Fox

Will do, thanks Fergus.

timfromtang

all the big words and complicated sentences make my head spin, but this may be useful,,,, section 3 on turbary rights, http://www.prai.ie/appurtenant-rights/ you may need to read and accept a disclaimer before they will allow you read it.

tim

fergus1001

Just following this up i have got around this with the forest service so i have set precedence with them, you have to get a copy of the death certificate for the individual and also sign an indemnity form so the forest service can claim back your premiums if the man comes back to life and is looking for turf

PM me and i will give you the specific details