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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 turbary right be leased or sold?

Resolved Question:

Can turbary right be leased or sold?
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.
1. Yes, turbary rights can be leased or sold. Basically tubary rights are easements which attach to land. As with any interest in land, they can be leased or sold to someone else. If you want to sell or lease your turbary rights you can reach agreement with whoever wants to buy or lease them. However, in order for any agreement to be valid and enforceable, the agreement will have to be in writing as agreements in relation to land must be in writing. So I would suggest you engage a solicitor if the rights are valuable and you want to sell them. However, if you want to lease them, you can draft a home made agreement if you cannot afford a solicitor.
Customer: replied 2 years ago.

An internet site states :

''The right to take turf for fuel in a house does not attach to the lands but attaches to the dwellinghouse situate on the lands: it cannot be apportioned or severed from the dwellinghouse.

If, however, the dwellinghouse is replaced by another dwellinghouse on the same lands in continuance of the older dwellinghouse the right of turbary automatically attaches to the new dwellinghouse.

On a transfer of part of lands on which there is an attached right of turbary the right will be registered on the title of the part on which the dwellinghouse is situate and will not be registered of the part that is severed from the old dwellinghouse. It is important to note that the extent of the right is limited to the fuel requirements of the dweelinghouse it is not a right to cut and sell turf.

Also that the person with the right does not acquire any other right in the land from which the turf is being taken.

There was another similiar right which was also often vested by the Irish Land Commission and this was the right to take bog mould from a bog for manure. Unlike the right to take turf this right can be apportioned on a transfer of part of land."

There is similar information in other sites. The turbary right I have is of the type described above. So does it require the agreement of the owner of the land on which the right is?

Expert:  Buachaill replied 2 years ago.
2. Dear Derry, I don't know where you are getting this information from. However, it is incorrect in seeming to propose that turbary rights attach to a dwelling house. If you simply consider the situation where there is no dwelling house but turbary rights attach to land. Or the situation where a house falls vacant. This is a very common situation in the West of Ireland. Additionally, an easement attaches to land. Consider a right of way which is also an easement. A right of way does not need a house for it to attach to land. So, on this point, this statement of law is incorrect. Similarly, no agreement is needed from the person who owns the land on which the turbary right is exercised. Any part of the website you are reading on this point is incorrect. You can sell or lease turbary rights without the consent of the person on whose land the turbary rights are exercised.
Buachaill, Barrister
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