Force someone to take over a farm

horseman34

What legal action can you take against a "farmer" to take over a farm which they inherited, short ver. Of the story next door neighbours father died he refuses to take over the land but rents out the land for cash in hand from other local farmers

kerryjack

https://www.boards.ie/discussion/2058290408/force-someone-to-take-over-a-farm

What's your connection to this

ThreeGreens

None whatsoever. He's perfectly entitled to rent out his land as he sees fit.

He is of course obliged to return the rent for tax, but you don't know if he is or isn't.

Furze99

https://www.boards.ie/discussion/2058290408/force-someone-to-take-over-a-farm

None in the ordinary way of things. Only two ways I can think of, that they might be obliged to do something different 1) a compulsory purchase order from the state or 2) perhaps a term of the will that states in order to inherit, that they must manage and farm the land themselves. But how you'd check or enforce that? There would need to be clear alternatives set out in the will I'd imagine. One for the solicitors!

horseman34

https://www.boards.ie/discussion/comment/120419232#Comment_120419232

I'm his neighbour and at least once a month last year than cattle broke out and came into my lawn and this happened again yesterday.

https://www.boards.ie/discussion/comment/120419236#Comment_120419236

I know for a fact he not paying tax

kerryjack

https://www.boards.ie/discussion/comment/120419259#Comment_120419259

Simple solution fence off your own site and close your gates

kerryjack

https://www.boards.ie/discussion/comment/120419259#Comment_120419259

How do you know this for sure

horseman34

https://www.boards.ie/discussion/comment/120419279#Comment_120419279

Don't have a gate and not getting one for a bunch of lads that can't move cattle safely or close gaps, where do I stand legally on shooting them?

blackbox

https://www.boards.ie/discussion/comment/120419279#Comment_120419279

The owner of the animals is legally obliged to keep them fenced in.

Regarding tax, you could report them to Revenue, but most people wouldn't.

horseman34

https://www.boards.ie/discussion/comment/120419284#Comment_120419284

He's been on the tax defaulters list

Boardnashea

https://www.boards.ie/discussion/comment/120419294#Comment_120419294

This means he didn't pay some tax at some stage. It does not mean he doesn't pay tax now.

Get yourself a gate (or a bit of rope between the posts) and do up your fences.

whelan2

Simplest solution as said above is fence off your site, get a gate and forget about him. No point raising your blood pressure over him

horseman34

https://www.boards.ie/discussion/comment/120419307#Comment_120419307

I don't want a gate tho

Deeec

https://www.boards.ie/discussion/2058290408/force-someone-to-take-over-a-farm

I dont get what your issue is. He has inherited the farm and is renting out the land out - which he is entitled to do. The person that is renting the land is responsible for keeping the cattle where they should be! Have you spoke to the guy who is renting the land?

Taking legal action against farmer to take over farm - What are you on about?

funkey_monkey

If he is renting it out, you need to concern yourself about the renter. It's his stock and he will be responsible for fencing.

whelan2

https://www.boards.ie/discussion/comment/120419314#Comment_120419314

There's a lot of things we don't want in life, but if it was me and for a peaceful life I'd hang a gate, but each to their own

DBK1

https://www.boards.ie/discussion/comment/120419314#Comment_120419314

He could be on another thread asking how do you force a neighbour to put up a gate at the front of his house!

Life is short, it’s only yourself you’re tormenting, it sounds like he’s not the type to be worried about you. Fence your site and put up a gate, go for an electric one if you don’t want the hassle of getting out to open and close it.

Yea it’ll cost you a few pound when it probably shouldn’t but it’ll save your blood pressure and give you a more peaceful life.

have2flushtwice

This is shaping up to be a popcorn thread....

whelan2

I'd give it a couple of hours and it'll be closed, the thread that is

horseman34

https://www.boards.ie/discussion/comment/120419327#Comment_120419327

I've never met the renting farmer he just sends around the green cert lads who don't give a toss, as for the farmer/owner he is getting cash in hand. That should be illegal

Deeec

https://www.boards.ie/discussion/comment/120419342#Comment_120419342

I have alot of sympathy for the guy that owns farm next door....

DBK1

https://www.boards.ie/discussion/comment/120419349#Comment_120419349

Cash is a perfectly legal tender and there is no law against paying or receiving cash for any transaction big or small.

The cash should be declared to revenue and the appropriate tax paid on it but the cash itself is not illegal.

Deeec

https://www.boards.ie/discussion/comment/120419349#Comment_120419349

How do you know hes getting cash in hand - come on tell us

horseman34

https://www.boards.ie/discussion/comment/120419369#Comment_120419369

I'll just go over to revenue and report him there, since I'm getting nowhere here

https://www.boards.ie/discussion/comment/120419348#Comment_120419348

Sure won't be the non existent gate

patsy_mccabe

https://www.boards.ie/discussion/comment/120419348#Comment_120419348

Not the gate anyway. 🤣

OP no offence, but you are an idiot.

DBK1

https://www.boards.ie/discussion/comment/120419403#Comment_120419403

How do you know he isn’t just allowing a local farmer to graze the land in order to keep it from growing wild and doesn’t receive any payment?

Going to revenue without any facts or figures on what the payments are will probably just end up with your accusations being discarded.

Odelay

https://www.boards.ie/discussion/comment/120419349#Comment_120419349

So you’ve never meet the farmer paying the rent, but you know for a fact he is paying cash in hand???

witchgirl26

https://www.boards.ie/discussion/comment/120419294#Comment_120419294

Which probably means he gets closely looked at now so is more likely to be tax compliant. And cash in hand doesn't always indicate some kind of fraud going on. Plus as far as I understand, cash is legal tender so I don't see why it should be illegal to use for a transaction.

Your issue is with the person who owns the cattle & is renting the land from your neighbour. You could maybe approach your neighbour asking for them to contact the person because this is happening & is a nuisance but they won't be able to supply with the renters details as this would breach GDPR.

You can't force someone to farm land and there's no guarantee that if your neighbour did take over the land himself, that this wouldn't happen anyway.

Ginger83

https://www.boards.ie/discussion/2058290408/force-someone-to-take-over-a-farm

Hi sorry to hear about your trouble. If you read back through my threads you'll see that we had an absolute nightmare with a guy on land next door. I had lawns destroyed and a robot lawnmower that couldn't be used. Things ended up with the small claims court and went as far as the sheriff collecting damages.

I had numerous threads here closed and I was even accused of trolling even though the court found in our favour just because it upset certain people. The bottom line is the animal owner is responsible for keeping their animals in and the land owner is responsible for who they lease to.

bogman_bass

https://www.boards.ie/discussion/comment/120419289#Comment_120419289

Sounds like your beef is with the cattle owners not the land owners

Danzy

..

Base price

I had to double check the date cause after reading OP I was sure it was the 1st of April.

Uncle Pierre

https://www.boards.ie/discussion/comment/120419403#Comment_120419403

By all means, go right ahead, but that still won't solve your problem of whoever owns the stock not keeping them fenced in properly.

You seriously do need to either talk to them, or else put up fences/gates yourself.

Uncle Pierre

https://www.boards.ie/discussion/comment/120419530#Comment_120419530

Maybe worth pointing out that even this post which shows more sympathy to OP than most others points out that the animal owner is responsible for keeping them under control. It really is that person that you need to speak to.

Bangoverthebar

https://www.boards.ie/discussion/comment/120419403#Comment_120419403

In reference to cattle breaking in. I had a break out 2 years ago. A home owner cornered the cattle to prevent an accident on the road. Rang the dept of ag with tag no and the dept rang me.

I trailered cattle home and my insurance paid towards a bit of landscaping. I droped up a bottle of gin as the land is on an N road.

Its the cattle owners issue not the land owner in my opinion. And reporting people to Gardai and revenue etc is not on.

whelan2

Also I'd make sure I was squeaky clean before reporting anyone

endainoz

The thread escalated quickly from asking some nonsense about legally forcing someone to farm to reporting them to revenue for tax they apparently aren't paying.

OP clearly has an axe to grind against the landowner but ranting on boards won't fix anything. Yes lads can be careless with fencing, and should obviously keep their boundaries stock proof but I fear there's much more to this story than your letting on.

The idea of forcing someone to farm "legally" gave me a good laugh though.

blue5000

Ok I think our poster has got enough advice so far, closing this one and if anyone wants it reopened drop me a PM.