Questions rgarding inheritance of land and transfer of herd number.

NerdyNed

Hello All.
I'll start by describing my situation.

I'm completely new to the world of farming and know little or nothing about law regarding transfer land, herd numbers etc.

Last year I inherited some land from a relative (For arguments sake, I'll say it was my grandfather.)

Before my grandfather died, this land was being used by another relative (Lets say a cousin) for grazing cattle. This cousin was also using my grandfathers herd number.

The land has been idle for quite a while now while the solicitor sorts out the transfer of ownership (still ongoing).

Recently my cousin moved his cattle back on to the land without my permission. I have a feeling he is up to something as he has plenty of other (better) land available for grazing. I cant see why he would move onto what I have inherited unless he has something up his sleeve.

This person is already in dispute with someone else regarding the ownership of some other land, and he is known for trying to pull a fast one when the opportunity arises.

I'd like to hear from some of you who are more familiar with Irish law regarding this type of thing. I've taken some advice from a solicitor, but I'd like to hear if there is anything I should watch out for.

Whats the story with a herd number? I realize it doesn't transfer along with the land, but could he somehow use the fact that he has been using my grandfathers number to his advantage?

Any help would be much appreciated.

Thanks,
Ned

bragafc

If you're cousin has being in possession of the land for more than 12 years without your grandfather maintaining ownership, then he may have a case for adverse possession.

pathway33

bragafc wrote: »

If you're cousin has being in possession of the land for more than 12 years without your grandfather maintaining ownership, then he may have a case for adverse possession.

How could the OP have inherited the land from the relative (grandfather say) if the relative had not maintained ownership?

Ginja Ninja

I think what he means is that if his cousin was maintaining the farm [i.e not the actual grandfather] he can claim it as his.I'm not sure how this would work if he was trading under the grandfathers herd number however.I always assumed it was registered to the person

leg wax

i would be worried about squatters rights, and is he getting single farm payment under that herd number,

bagaspuds

I know someone who sold land to a developer a long time ago.
It was rough land but he was grazing it over the years. I remember telling him, as a joke, that he could claim back the land under squatters rights. Just as the time limit was coming, the developer moved in with a track machine and did some very basic drainage..........I now know why.

The_Conductor

Perhaps Nerdyned, the OP- could do something similar.
I'm sure there is a local agricultural contractor who would be only too happy to do some basic drainage works, or spread some gravel at access points etc

NerdyNed

Thanks for the input guys

I've taken steps to try to keep him off the land (nothing too drastic, yet). I'll see how it goes.

The_Conductor

NerdyNed wrote: »

Thanks for the input guys

I've taken steps to try to keep him off the land (nothing too drastic, yet). I'll see how it goes.

I'd still go down the route of doing something (small) with the land, so that there is no question that he has had and continues to have sole use of the land (irrespective of whether you're impeding his access to the land in question or not). Even spreading gravel at access points, or reopening some drainage channels that may be blocked- nothing major- but stuff you'll have to do one way or the other.

S.

NerdyNed

smccarrick wrote: »

I'd still go down the route of doing something (small) with the land, so that there is no question that he has had and continues to have sole use of the land.

Thanks smccarrick, I have done a little fencing, I'll know very soon if that's enough.

Ned :cool:

bragafc

Preventing access to a potential squatter is the best way of maintaining your ownership in this case. Get the land fenced if not already done and put a lock on the gate. Can be become complicated if he has had the land for 12 years without renting it.

The_Conductor

bragafc wrote: »

Preventing access to a potential squatter is the best way of maintaining your ownership in this case. Get the land fenced if not already done and put a lock on the gate. Can be become complicated if he has had the land for 12 years without renting it.

By virtue of the fact that he was using the grandfather's herd number- its entirely possible that a valid argument could be made that he was not squatting, he was tending to animals registered as belonging to the grandfather. If he disputes this- its a very simple matter to report the misuse of the herd number to the Department- I'd love to see an inspector try and work out what 12 years of fraud would come to........

irish_bob

you cannot use someone elses herd number , your cousin either inherrited your uncles herd number or he just rented the land off him and maintained his own herd number , if your cousin cannot proove that he has squatters rights , then i dont think you have that much to worry about , perhaps your cousin is chancing his arm , sticking his neck out as far as he can to see if you back down , talk to a solicitor , they are cheaper right now than they used to be

leg wax

irish_bob wrote: »

you cannot use someone elses herd number , your cousin either inherrited your uncles herd number or he just rented the land off him and maintained his own herd number , if your cousin cannot proove that he has squatters rights , then i dont think you have that much to worry about , perhaps your cousin is chancing his arm , sticking his neck out as far as he can to see if you back down , talk to a solicitor , they are cheaper right now than they used to be

but the money comeing to this herd number can be directed into his bank account with his uncles permission and now that uncle is dead?