Tubary rights

Thegrim

Hi
we have tubary rights on 7 acers bog , my neighbor has 6 acers to the right of me and the other to the left has 8 acers .
now we dont own the land underneath (so to speak )just the turf on top .its in all our deeds and named

the landowner came in and leveled the bogs and made a field from them erecting stakes,fences and gates making our bogs 1/2 what there were in size ..

1. do we have any rights here ? i understood he could not touch the bog until it was cutaway or until he was given a letter to the effect :that we were finished with cutting
2.can we claim damages from him ? i.e loss of rights on that 3 acers ?
3. would i be in my rights to remove all his equipment that he installed ?
4 contacted a local solicitor was a waist of time ,establishing the fact that we all ready knew that the land goes back to him when were finished with it

djmc

Probably best chat to a solicitor or the farmer in question.
There is nothing to stop him erecting a fence or gates as he may be required to do it and have animals grazing the land to claim his farm entitlements like bfp glas etc.
But if he is actually stoping you from cutting turf then you might have a case but he will have rights too for example if he felt the bog was being damaged or if it's in a SAC or spa .

Thegrim

Heres a bit of a update .
Well today we/I got attacked by the landowner . more verbal than hitting . who when I my son and a engineer were marking out the bog for a neighboring tubary owner and myself.all on video
I asked him to remove his fence stakes and gates to allow us to continue to cut turf explained that we have marked out mine and neighboring bog as our bog has been halfed and made into a field . which is not acceptable as we haven't given him permissions to interfere with our bogs and when there cut away he can do what he wants .but until then he has no right to make fields out of our bogs nor has he the right to grazze it . am I correct in this ? ??????

Base price

Do you have an official Land Commission map of your plot. Have you been cutting your plot regularly over the years, ie did you leave it uncut for more than 12 years - I'm thinking adverse possession or such like. Has the land owner ever sent you or your family a legal letter informing you that you can no longer cut turf. Did you contact a solicitor since your first post for legal advice.

djmc

Wouldn't blame him for loosing his cool.
It not your bog or land what you have is the right to extract peat from his bog for your own home heating only.
Unless you hold grazing rights on his land you don't have any rights to stop him grazing it or fencing in his stock.
https://www.agriland.ie/farming-news/battle-of-the-bog/