Felled land sold without replanting

leinster93

I saw land recently sold at a public auction after a clearfell with no replanting. What happens in this case?

Does the new owner have to replant it? Does the old owner need to put some agreement clause/condition with the sale or be subject to pay back grant received ?

sandman30

Generally any felling license has a replanting obligation, so the new owner would have to replant.

Just repaying any grants/premium received by the previous owner would not absolve the purchaser of any replanting obligation.

If it does not have a replanting obligation it is generally bogland/SAC etc, so will have other obligations.

Good loser

I have heard the replanting obligation is personal to the owner at the time. It may lapse in a sale situation?

embraer170

Wouldn't that be too easy?

Good loser

https://www.boards.ie/discussion/comment/118596895#Comment_118596895

I heard someone say it once, don't know with what authority. Legally I could imagine it being quite difficult to attach it as a lien on the title deeds.

$kilkenny

Replanting is the obligation of the land owner, old and new. The obligation transfers to the new owner so the land must be replanted after being bought regardless. The new owner can still face penalties etc if not replanted.

Same as a felling license, if forestry is bought with a felling license in place it can still be used by the new owner, the license and conditions are on the land, not on an individual.

cap.in.hand.

The land would have been bought cheap by the new owner so....replanting with no grant

leinster93

Correct me if I'm wrong but the land is supposed to be replanted within two years of a clearfell.

At least 8 or 9 months has passed already. Will be interesting to see what happens in time.

leinster93

cap.in.hand.

https://www.boards.ie/discussion/comment/118863230#Comment_118863230

More than likely land was bought by a forestry company whose business is forestry......