My Rights when land registered to someone else and I have been cutting the bog for 30 years?

M

Meathlass

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I have been cutting a bog for over 30 years that my mother said was mine. I never got deeds. Now someone has said that it’s there’s (no relation) and it’s registered to her. It is registered to her on the land register. Where do I stand in relation to this?
 
You might get some general principles on Askaboutmoney, but for something as serious as this, you will need to consult a solicitor who will be able to review all the paperwork and who can advise properly.

Brendan
 
This is an interesting one. I & my parents both own houses that have banks of turf "attached" to them. We used to cut turf, but not any more. I checked the bank of turf on the Land Direct, has a different folio number than our houses. Grandparents have been cutting turf there since 1930's. be interested to know who owns the bank of turf & is it possible to get into your own name. PS @Meathlass , our turf bank is also in county Meath
 
tom_12345 said:
This is an interesting one. I & my parents both own houses that have banks of turf "attached" to them. We used to cut turf, but not any more. I checked the bank of turf on the Land Direct, has a different folio number than our houses. Grandparents have been cutting turf there since 1930's. be interested to know who owns the bank of turf & is it possible to get into your own name. PS @Meathlass , our turf bank is also in county Meath
Click to expand...
But you may find if you look at Part 3 of the Folio in PRAI that there is a burden registered which gives you the rights to cut turf. Likewise if your own property is registered you may find the Turbary rights are registered on Part 1 of the folio underneath the section that shows your lands / property.
 
@Curly Wurly , am looking at the folio number on landdirect.ie I can see title, plan number etc..where can I see Part 3 of the folio, is it available online? am viewing as a guest online.
Thanks
 
as an update, I found a Land Registry document,
Part 1 is the Description" A plot of ground etc ....." & a note saying registration does not extend to the mines & minerals
Part 2, Ownership
Part 3 Burdens and Notices of Burden, 1) property is subject to statutory conditions in section etc.. of the labourers Act etc.. 2) a cottage purchase annuity of £1-48 for 17 years payable to council etc...

No mention of the right to cut turf.
A map is also with the document, looks an old map , mentions This map does not show appurtenant or servient rights.
 
tom_12345 said:
as an update, I found a Land Registry document,
Part 1 is the Description" A plot of ground etc ....." & a note saying registration does not extend to the mines & minerals
Part 2, Ownership
Part 3 Burdens and Notices of Burden, 1) property is subject to statutory conditions in section etc.. of the labourers Act etc.. 2) a cottage purchase annuity of £1-48 for 17 years payable to council etc...

No mention of the right to cut turf.
A map is also with the document, looks an old map , mentions This map does not show appurtenant or servient rights.
Click to expand...
You should check it in the Land Registry Office. If you point out the turbary on the map they should be able to advise you further.
 
Thanks, I plan to give the Land Registry a call this week, the bank of turf folio is visible online, however, the shape of the turf folio is a little different than the actual turf bank. I'll update later this week.
 
If there is no mention of turbary rights on any of the folios ie yours, your parents or the folio turbary is registered on it may be worthwhile inspecting the Instrument under which ye were registered as owners. That should incorporate the documents of transfer and other docs which may indicate whether turbary rights were transferred with the property. The Instrument number should appear in the entry of your registration in Part 2.

As regards Clubman’s comment above I did realize that you checked Land Direct online yourself but I thought if you spoke to someone in Land Registry or PRAI as it is now known they may be able to enlighten you further. I am actually unsure now whether they opened their offices to the public after Covid19
Good luck with your search.
 
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