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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
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Experience:  Barrister 17 years experience
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can a person who lived in a property in Ireland and moved to

Resolved Question:

can a person who lived in a property in Ireland and moved to another county take the turbury rights with them
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. Turbary rights are an easement which is a right attaching to land. So unless the person who held the turbary rights continued to hold or own the land to which the turbary rights attached, they will not be able to "take them with them". So if the turbary rights attached to the house, then you cannot take them with them. However, if the turbary rights attached to some other piece of land, then if you continue to own or hold that piece of land, then you continue to have the turbary rights. So here you should ascertain to what the turbary rights attach? Is the house the land to which they attach or some other piece of land? This will then answer your question as to whether the person who moved to another county still has the turbary rights. The turbary rights will normally be registered as a burden on the land folio in the Property Registration Authority to which the turf cutting relates.

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Expert:  Buachaill replied 3 years ago.
1. Turbary rights are an easement which is a right attaching to land. So unless the person who held the turbary rights continued to hold or own the land to which the turbary rights attached, they will not be able to "take them with them". So if the turbary rights attached to the house, then you cannot take them with them. However, if the turbary rights attached to some other piece of land, then if you continue to own or hold that piece of land, then you continue to have the turbary rights. So here you should ascertain to what the turbary rights attach? Is the house the land to which they attach or some other piece of land? This will then answer your question as to whether the person who moved to another county still has the turbary rights. The turbary rights will normally be registered as a burden on the land folio in the Property Registration Authority to which the turf cutting relates.