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Commonage lands

  • 21-02-2017 3:15pm
    #1
    Registered Users, Registered Users 2 Posts: 37


    Quick query - Where a holding contains undivided commonage together with normal farm lands, Can one or the other plots be sold off individually.
    Can someone own commonage on its own?


Comments

  • Registered Users, Registered Users 2 Posts: 2,313 ✭✭✭TITANIUM.


    Ashevlin wrote: »
    Quick query - Where a holding contains undivided commonage together with normal farm lands, Can one or the other plots be sold off individually.
    Can someone own commonage on its own?

    They can own it. Then it simple becomes there land I would have thought. And they would be entitled to fence it off from the remaining commonage parcels.
    As far as selling commonage goes, every member of the commonage would have the right to sell his own rights to it.


  • Registered Users, Registered Users 2 Posts: 37 Ashevlin


    Sorry, I stated it badly. My main query was whether someone could hold a share in a commonage as their only land ownership - the specific case would be where they owned 50 acres of farm land with 1/8 of 300 acre commonage. Is it possible to sell off the farm land and retain the share in the commonage or alternatively sell just the commonage.


  • Posts: 5,121 ✭✭✭ [Deleted User]


    I don't see why not.

    You should probably speak to a solicitor to be certain.

    Edit: I was only thinking about the ownership.

    Are you asking if someone could continue farming, owning animals, having a herd number, receiving grants etc. While only having a share of common land?
    I don't know about that.


  • Registered Users, Registered Users 2 Posts: 37 Ashevlin


    I don't see why not.

    You should probably speak to a solicitor to be certain.

    Edit: I was only thinking about the ownership.

    Are you asking if someone could continue farming, owning animals, having a herd number, receiving grants etc. While only having a share of common land?
    I don't know about that.

    No. just the ownership really. Thanks.


  • Closed Accounts Posts: 20,633 ✭✭✭✭Buford T. Justice XIX


    TITANIUM. wrote: »
    They can own it. Then it simple becomes there land I would have thought. And they would be entitled to fence it off from the remaining commonage parcels.
    As far as selling commonage goes, every member of the commonage would have the right to sell his own rights to it.
    Do you not have to get permission from all the other commonage holders before you can fence off 'your' portion of a commonage?

    As as commonage would be variable in quality, how would a decision be made as to what portion the new buyer was going to get?

    Just going on bits of conversations with the inlaws on this but I don't think it's that simple?:confused:


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  • Registered Users, Registered Users 2 Posts: 2,313 ✭✭✭TITANIUM.


    Do you not have to get permission from all the other commonage holders before you can fence off 'your' portion of a commonage?

    As as commonage would be variable in quality, how would a decision be made as to what portion the new buyer was going to get?

    Just going on bits of conversations with the inlaws on this but I don't think it's that simple?:confused:

    Your taking me up wrong there Buford, I was saying that if a lad had bought all the rights to a commonage then he would essentially be the only land owner and would then be entitled to fence it off.
    Yes I agree the route you describe would be next to impossible. And I know that from experience, 1 expanding farmer on 1of our commonages went about it but a few other lads rose murder over it. Thankfully I managed to stay out of it and the plan died a death. With the way thing are going it's probably worth more as commonage. Tbh.


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