Commonage rights and entitlements

petfarmer

Hey

This might be a stupid question but it would be great if I could get clarification.

If a farmer is claiming entitlements on his fraction of a commonage, but he then gives up his entitlements and BISS payments etc, does he still keep his fraction of the commonage?

My father owns 10 hectares of lowland and one sixth of a commonage of roughly 100 hectares. He keeps sheep and claims entitlements and BISS payments on both.

I am working abroad and plan to return home in five years. He is in his 70s and is going to give up all farming and keeping of all animals altogether as he has had some health issues recently. He refuses to rent out any part of the farm or entitlements to any other farmer. He says he will simply give up farming and transfer the farm to me in five years when I return and I can buy entitlements on the land.

I am not worried about his own fenced in land that he owns outright but I am wondering if he does not farm and claim entitlements on his fraction of the commonage will he also lose his rights to his fraction of the commonage completely.

Thanks very much for any info ye might have.

StoutPost

Your commonage share should be on a property folio registered to your father, either on it's own folio or likely attached to the folio of the fenced in land.

Farm payments are a separate issue. Your father could sell or give up his entitlements and still farm all the land, or not farm it.

You can visit landdirect.ie and use the map viewer to find the properties in question, you can buy the folio and maps if you do not already have them.

If you are still concerned you can contact a solicitor with experience of agriculture and s/he will be able to look up the folio/s for you and advise you.

minerleague

If entitlements aren't used you lose them ( after2 years I think - not sure ) Would other farmers put up more animals on the commonage? Wouldn't think you would lose your rights to commonage from not having animals on it but other farmers mightn't be happy if becomes overgrown.

J.O. Farmer

He should rent out or sell his entitlements if not using them.

They are currently an asset worth money. If he doesn't use them or rent them out he will in effect give them to the national reserve for nothing.

Money is better in his pocket than someone elses and I say that as someone who benefited from the national reserve.

Donald Trump

OP, if you were thinking of a plan something along the lines of him selling his entitlements and then you applying from the national reserve in a few years, just beware that there are rules in place where they won't give you entitlements for naked land where the land was deliberately made naked for the purpose of trying to qualify from the national reserve. There might be some limit as to how far back they go though

MIKEKC

You,won't loose your common age rights, they are on your deeds like your land. Very few new people putting stock on commonage.The people on it aren't obeying the stocking rates yet,they draw their money without question

Bass Reeves

OP

You father can still claim BISS, ECO and CRISS even though he is keeping no stock as long as he keeps the land in good condition.

He will not get ANC but the other entitlements are no longer tied to stock. He is supposed to be farming h at his own risk however if he spreads a bit of fertlizer and sells silage or hay standing on the low land it should suffice e

petfarmer

https://www.boards.ie/discussion/comment/122050655#Comment_122050655

okay. thanks for that information. can he claim ACRES if he is keeping stock ?