Can I legally divide commonage?

eamon11

hello,

we own commonage with 1 other farmer. If I do it professionally, with a surveyor etc so we have a fair divide, according to share of ownership, can I fence it off?

tks a lot,

eamon

Figerty

The important term here is 'own'. Are you named on the land registry as 'owner' of commonage rights and is the other party?

Is there legally only one/two other parties involved or are others going to surface later?

Is there turf cutting rights? or is it grazing commonage?

If there is only two involved it makes it a lot easier.. Go talk to a solicitor and get a legal agreement sorted that both of you can live with.

eamon11

tks figerty,

there are 2 only. we have 1/2 each. We have no stock and want to plant some trees. Other party has the land seriously overstocked.

we are both on the land register as owners.
Its grazing commonage.

I suppose what I was really getting at is if the other party is not inclined to agree to partition, can we still force the issue?


Tks

Western Pomise

Could be very wrong but I think the whole name 'Commonage'....tells a story....it is common land.ie it cant be divided.....bear in mind if your neighbour ever sold his/her share the next owner would be entitled to undo any fences that had been put up....unless you had watertight legal work done on it.

eamon11

tks western,

checking the registry, we have 2/3 the other 1/3. We feel the land is being abused and everything is done without any consultation with us.

Eamon

Highland

Commonage means that you own 2/3 of every acre and he owns 1/3. You will need to get his agreement. Once divided its no longer commonage but becomes enclosed land - you will need to edit land registry. Talk to your solicitor