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Farming Indo: Legal Advice

  • 12-01-2023 10:17pm
    Registered Users Posts: 3,875 ✭✭✭

    Did anyone read the legal advice coumn this Tuesday 10th Jan? I found it an odd read, it tells of a case where the owner of adjoining land to the letter author had died some 20 years before and the land was rented out to another farmer from "the far end of the parish"- a statement i havent really heard in recent decades. It goes on then too speak of the tenant farmer as "new" even though it says a few lines up he has leased the land the last 20 years since the owner passed away.

    It goes on to talk about the tenant of the adjoining land continually damaging the fencing mearning the the letter authors lands. These are cattle on the land but im not sure exactly how a farmer could continually damage a fence. the letter writer gets the cattle back regularly which sounds a tough job on its own to be at, what sounds like a few times a month, if it were sheep in question i would understand but it just dosent add up with cattle. anyway in the heel of the hunt, the solicitor advises about getting a solictor involved to bring a case against the tenant. nowhere is their any mention of the owner of the land being liable to the maintaince of fence boundaries. i always thought the owner of the lands needed to maintain the fencing and not the tenant.

    it all adds up to an odd letter and smells like something the legal advisor writing for the indo judt made up the story on the spur of the moment. Surely not?


  • Registered Users Posts: 4,377 ✭✭✭stanflt

    I lease a lot of land- it’s up to me to maintain hedgerows and make sure the fences are stock proof- when I say stock proof the fences must keep my cattle in and neighbours out- standard clauses in land lease contracts

  • Registered Users Posts: 4,377 ✭✭✭stanflt

    Google ifa land lease

  • Registered Users Posts: 3,875 ✭✭✭Dickie10

    ah fair alright always thought it was the owner

  • Registered Users Posts: 3,948 ✭✭✭Hard Knocks

    Owner has to have them in place, farmer has to maintain

  • Registered Users Posts: 527 ✭✭✭1373

    Was talking to my solicitor recently and he asked me how rental is going at the moment. He told me he has a client who leas3d his farm out for 10 years contract. He told me its turned into a nightmare for the owner. Ditches being walked through and destroyed , cattle outwintered and trees cut and taken and of course rent late . I commented that surely this and late rent means the contract is now broke , his answer was once you sign a contract its very difficult to revoke it and that the renter has all the power to hang in there

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