Written answers
Tuesday, 5 February 2013
Department of Agriculture, Food and the Marine
Turbary Rights
John O'Mahony (Mayo, Fine Gael)
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To ask the Minister for Agriculture, Food and the Marine when a person buys land for the Land Commission with tubary rights, the rights and responsibilities of the land owner and persons with tubary rights, this area is not a special area of conservation; and if he will make a statement on the matter. [5105/13]
Simon Coveney (Cork South Central, Fine Gael)
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When a person purchased land from the former Land Commission under the Land Purchase Acts, it may be sold subject inter alia to turbary rights. These rights may appear as a burden on the folio for the lands sold. The interests of the various parties in on or over the land are protected by both statute and common law. Disputes arising between the various interest holders are matters for resolution between the parties either by negotiation or by way of application to court. Disputes are not a matter for my Department to resolve.
The Minister for Agriculture, Food and the Marine as successor to the former Commission only concludes sales of land or turbary rights in accordance with the provisions of the Land Acts and after that the parties have to deal with each other in the context or area of private law.
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