turf plot comes with chimney?

readytosnap

I am sure I read somewhere (obviously cannot remember where) that a plot of turf is directly attached (not physically) to the chimney of the property for which it belongs (hope this is making sense). I will try to put it as simple as I can. I live in a rural area all the old houses around the area have plots of turf in the bog (not necessarily beside the house), i am sure i read that the plot(s) are for the house (not the previous tenant or owner), they (plot) belong to the chimney as such. So my question is after I purchased my house should I not of been given the turf plot also ( as it comes "with the chimney"), this did not happen and I wasn't really that arsed about it, but the plot has been harvested (is that a word used for cutting turf) every year by the previous owners and i now suspect they are getting a grant for not cutting the turf. Should I be getting that turf or associated grant?, hope i amade myself clear there sorry for the long post any advice or knowledge would be gladly accepted, Thanks.

snubbleste

cml387

It's an excellent question. My aunt is getting a five figure sum of money per year for abandoning her turf bank.
I'd say you may be out of luck, but no harm trying.

L1011

Talk to your solicitor. Turbury rights are usually attached to the folio - at least the ones in my family are. They're not being stopped up yet so no moolah there, however.

Ms Doubtfire1

what a fascinating thing .I've done a quick google, the ancient law this relates too is called turbary.

ow wait wait...no i recall the controversy about this...the EU recently enforced some laws that forbids turfcutting..Turbary was the baseline of irelands defence.Dont think the EU was too bothered about it. not sure
https://en.wikipedia.org/wiki/Turbary

No idea if it's still valid...

jm08

Turbury rights are usually associated with landownership/commonage rather than a particular house. My farm family have turf cutting rights. Back in the good old days my father used to sell a turf bank (so many perch of turf) to the non-landowning neighbours who cut it and saved it themselves. Those days are gone now.

the_syco

readytosnap wrote: »

but the plot has been harvested (is that a word used for cutting turf) every year by the previous owners and i now suspect they are getting a grant for not cutting the turf

Do the previous owners still live local?

readytosnap

the_syco wrote: »

Do the previous owners still live local?

I am not 100% sure where they live but it is definitely within 10 miles of here. The previous owners only lived in the house when they were growing up ( the home house) they all moved away and the parents died, they first rented the property then it lay vacant for a couple of years then I bought it around 1996.

Nekarsulm

Turbury rights usually attached to the folio of the farmland. House probably sold separately.
The biggest problem in a lot of cases is actually finding the plot.
This is because in a great many cases the people who knew to the square foot where their turf bank ended and the neighbour's began, are dead for a generation.
If its not mentioned in your deeds, and marked on the Land Registry map, its unlikely you have any.
On the "Turf Cutting Ban" aspect, its not widely understood that these bans relate to only a small percentage of the total number of bogs.
Bord Na Mona have destroyed more bogland than owner cutters could in a hundred years.

Ms Doubtfire1

Nekarsulm wrote: »

Bord Na Mona have destroyed more bogland than owner cutters could in a hundred years.

+1. Sad really.

readytosnap

L1011 wrote: »

Talk to your solicitor. Turbury rights are usually attached to the folio - at least the ones in my family are. They're not being stopped up yet so no moolah there, however.

Thanks for that, would you be able to tell me what I should be looking for in the folio? I really am not sure, I do remember getting a big envelope with all sorts of papers in it when I paid off my mortgage but tbh I cannot make head nor tail of them.

L1011

readytosnap wrote: »

Thanks for that, would you be able to tell me what I should be looking for in the folio? I really am not sure, I do remember getting a big envelope with all sorts of papers in it when I paid off my mortgage but tbh I cannot make head nor tail of them.

I would need to go to my parents house to look at theirs because my current house is a terrace with the blandest title known to man; but I'm pretty certain its literally with the description of the lands otherwise.

readytosnap

L1011 wrote: »

I would need to go to my parents house to look at theirs because my current house is a terrace with the blandest title known to man; but I'm pretty certain its literally with the description of the lands otherwise.

ok, thanks, next time you are up with the parents if you think of it and are able, will you take a look? thanks again.

Eric Cartman

L1011 wrote: »

Talk to your solicitor. Turbury rights are usually attached to the folio - at least the ones in my family are. They're not being stopped up yet so no moolah there, however.

moolah in time, for now, precious turf.

L1011

Eric Cartman wrote: »

moolah in time, for now, precious turf.

I imagine we'd need to work it a bit more than we do now for that!

Between the 5 sets of rights owned by my parents, sister and uncle, my uncle might cut a quarter of one usual amount a year and the rest aren't touched. Must remind him to rotate between them anyway :pac:

antoinolachtnai

http://www.prai.ie/appurtenant-rights/#3

Turbary rights are associated with the dwelling house rather than the land or the folio, as I understand it.

The_Conductor

Nekarsulm wrote: »

Bord Na Mona have destroyed more bogland than owner cutters could in a hundred years.

They've also afforested more land than owners cut down- in the last 160 years- what they took with one hand, they returned with another. As an aside- bogs, in an Irish context, are in fact a result of ancient farming practices- they were not part of our natural landscape before ancient farmers came in, destroyed woodland, and initiated bad farming practices.

There have been several interesting books on the topic- such as John Feehan's and Grace O'Donovan's- The Bogs of Ireland- and there is significant research ongoing in the area- such as the successor programs to UCD's Bogfor- which explored alternate land uses for cutaway bogs in Ireland (and in the interests of disclosure- on which I worked for a number of years).

Marcusm

antoinolachtnai wrote: »

http://www.prai.ie/appurtenant-rights/#3

Turbary rights are associated with the dwelling house rather than the land or the folio, as I understand it.

And on that basis would seem to accrue to the OP rather than to the former owners.

bleary

Nekarsulm wrote: »

The biggest problem in a lot of cases is actually finding the plot.
This is because in a great many cases the people who knew to the square foot where their turf bank ended and the neighbour's began, are dead for a generation.

I was just discussing this at the weekend, my family have a plot but while I know the bog it is meant to be in I've no idea where the plot is, its a few miles from the house and not connected by farmland.
I don't think it is on the folio for the house, where could we look to try to find it?