Written answers
Tuesday, 19 February 2019
Department of Agriculture, Food and the Marine
Land Issues
Jackie Cahill (Tipperary, Fianna Fail)
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458. To ask the Minister for Agriculture, Food and the Marine if a landowner can lease out land to another person if there are no issues in relation to the division of commonage (details supplied); and if he will make a statement on the matter. [7704/19]
Michael Creed (Cork North West, Fine Gael)
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The leasing of land is a civil matter and the persons involved should seek their own independent legal advise. However, with regard to the parcel mentioned by the Deputy, the townland of Cloonacool has not been declared as common land in the past, nor does the folio for said lands indicate that the lands are legally considered as land farmed in common.
In certain circumstances, grazing rights to hill land can only be leased to an individual where the appurtenant lowlands are also leased to this individual. However as the lands in Cloonacool are not subject to grazing rights then it does not apply in this instance.
Any lands declared under the various area based payment schemes operated by this Department (BPS, Greening, ANC, GLAS etc.) must adhere to the various land eligibility rules as set out in the Terms and Conditions of said schemes and the Guide to Land Eligibility which have been provided to all claimants and are available on the Departments website.
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