Commonage

ladyfarmer

I own shares in commonage, which is wired along public road. There is a field in the middle of this commonage, with a rough road going through commonage for access to field. Road is on commonage, not owned by person that owns the field, but he has a share in commonage. He did widen the road a number of years ago, but no one minded. My problem is as follows, I have my cows grazing on the commonage at the minute, I've put 2 strands of wire on hooks that attach to a pole, these are pulled across the rough road to stop cattle getting out onto pubic road. I'm in no way hindering anyone getting to the field, wire is easy to open and close. The wire is constantly let off, even though they can see the cattle. Cattle are only there for a few weeks, and when cattle are not there, I take wire away. Am I wrong in what I'm doing? I haven't approached owners of field yet, as I'm unsure of my rights. I don't want to approach them and find out I'm completely wrong. I should add, owner/owners are my late husband's brothers. My sons are all for confrontation but I'm not as keen. I'm farming what was their homeplace.

Nody

Dear OP,

I think you'll find this forum more suitable for your question compared to the Anime & Manga forum; please note a new charter is in effect.

ladyfarmer

Thank you!

Base price

https://www.boards.ie/discussion/2058260120/commonage

AFAIK by putting up the two strands of electric fence you are causing an obstruction to the right of way. I understand that it is easy to open and only a temporary measure whist your cattle are grazing the commonage but it is an inconvenience to the users of the right of way and should not be there. You said that the commonage is wired along the public road, why do you need to put up the electric fence if the public road is fenced off.

The fact that the owners of the field are your in-laws and it appears that you don't get on brings it's own level of complexity.

blackbox

Why don't you put up a proper gate to keep your stock in.

Most people would close a gate if asked, whereas fiddling around with bits of wire is a hassle.

funkey_monkey

Was this how your late husband worked it or is this fencing newly introduced by you and your sons?

@ladyfarmer - are you saying that although fenced, there is no gate blocking access onto the public road? So if your cattle get onto the rough road they have direct access to the main road? How do others keep their stock in?

I'm having trouble understanding why a wire has to go across the road to be honest?

ladyfarmer

Commonage is fenced off along public road, privately owned field in middle of commonage. Small road going through commonage for access to field. I'm probably not explaining it very well, sorry.

ladyfarmer

All I've changed is 2 new poles to replace the ones my husband had there. The fencing runs along public road, but there has to be an opening for the smaller road that runs through the commonage so there is access to field. Cows would only be there a couple of weeks at a time, maybe 3 times during the summer in total. No one else grazes the commonage.

ladyfarmer

Another neighbour put up a gate in very similar circumstances, and it was taken down.

ladyfarmer

Sorry I wasn't explaining myself properly, it's not electric fence wire.

Neddyusa

https://www.boards.ie/discussion/comment/119520864#Comment_119520864

Wire is to stop the cattle getting onto the public road as I read it.

The trackway into the field in the middle of the commonage is open to the commonage on both sides.

Seems a bit small-minded not to pull the wire across after driving out, but as others have said, maybe there's other factors in play?..

Packrat

This is why commonage is a balls.

Are you supposed to fence both sides of the road then?

How long is it ie - would it be worth doing at all?

Is the field owner also a commonage shareholder?

Would the other shareholders help with fencing the road.

Talking (mar ya asking for help with how to solve the problem) would probably be the cheapest option.

Furze99

Sounds weird. Effectively you are saying that this commonage can't be grazed as access to it from the public road cannot be gated or fenced and therefore livestock can wander onto the public road?

How many others have a right to graze here and what do they think? Is this an attempt by the field owner (your in laws) to make the commonage unusable perhaps with the hope of securing the lot for their own purposes?

If you can't sort it out between ye all, then talking to a solicitor might be best.

ladyfarmer

I actually get on well with these 2 brothers in law!😁 Especially one of them, neither of them has ever mentioned the issue to me, and I'm not one for confrontation? I was only looking for a bit of advice as to where I stand by putting 2 strands of wire across the road.

ladyfarmer

I'm only guessing length of road, but roughly 1/4 mile? Cows were on this piece of commonage for 5 weeks in total, gone elsewhere now. They might go back again depending on grass etc. I'll probably forget all about it until next year again, that's my problem, but my sons are more for confrontation with the uncles to get it sorted once and for all! Younger generation have no bother with a heated discussion, whereas I tend to bury my head a little for an easy life.

ladyfarmer

There is access from both public road and opposite side of commonage, this is from my own private ground, but it's no good to me, unless I can stop cattle from going onto public road. I have considered wiring along the road going to field, but my sons are adamant that I don't do this.

There are 18 shares in commonage in total, only myself and 1 other neighbour graze it. This particular piece is only grazed by me, that is an arrangement I've had for years with my neighbour. He grazes another piece that I don't use. My inlaws have a share, but no cattle.

Bass Reeves

It's a legal requirement to stop cattle accesses to the main road. While your BIL has a right of way he has not got unrestricted access. I would put a gate at the entrance to the commonage and tell him to keep it closed You are entitled to graze your commonage he has a right to access his field but he has not got unrestricted access.

Another option is a cattle grid.

Sheep breeder

Does the commonage share allow cows to be grazed on it, a lot are only for sheep. It varies in different parts of the country.

ladyfarmer

Cattle and sheep, but no one has sheep at the min.

ladyfarmer

That is exactly what my sons keep saying. I'm not stopping anyone from accessing their land, but it's a constant worry in case cattle get onto public road.