Joint tenancy vs tenancy in common for unmarried couples in Ireland My partner and I plan to buy a property together and are unsure of the legal consequences if one of us was to die or if our relationship were to break down Image credit: Irish Examiner Image credit: Irish Examiner Dear Alex, My partner and I are not married, but we are planning to buy a property together. We are both contributing to the purchase, although not in equal amounts. When looking at the paperwork, we were asked whether we wanted to be registered as joint tenants or as tenants in common.  We are unsure what the difference is and what the legal consequences might be, particularly if one of us were to die or if our relationship were to break down. What should we be considering before deciding how to proceed? Dear Reader, This is a very common query, particularly as more unmarried couples are purchasing property together in Ireland. The way in which you are registered on title is extremely important and can have long-term legal, financial, and tax implications. There are two primary ways of owning property jointly in Ireland: joint tenancy and tenancy in common. Although they may appear similar, they operate very differently. Where property is held as a joint tenancy, both parties are treated in law as owning the whole property together. There are no defined shares. The defining feature of a joint tenancy is the right of survivorship, meaning if one owner dies, their interest in the property automatically passes to the surviving owner. This happens regardless of the contents of the deceased’s will, and the property does not form part of the deceased’s estate. While this can provide certainty, it may not always be appropriate for unmarried couples. If one partner dies and the entire property passes automatically to the other, this transfer may give rise to capital acquisitions tax, as unmarried partners do not benefit from the spouse exemption. Depending on the value of the property and the circumstances, this can result in an unexpected and significant tax liability. A tenancy in common operates differently. Under this arrangement, each owner holds a distinct share in the property. These shares can be equal or unequal and should reflect the financial contributions made by each party. There is no right of survivorship. If one tenant in common dies, their share passes in accordance with their will or, if no will exists, under the rules of intestacy. This form of ownership is often more suitable for unmarried couples, particularly where contributions to the purchase price or mortgage repayments are not equal, or where each party wishes their share of the property to pass to specific beneficiaries, such as children or other family members. Another important consideration is what happens if the relationship breaks down. This is an issue that many couples understandably do not want to contemplate at the outset, but it is crucial to address it in advance. Disputes can arise where there is uncertainty about who is entitled to what, especially if one party has contributed more financially or has paid for renovations or ongoing maintenance. In these circumstances, it is highly advisable to put a co-ownership agreement in place. This agreement can record each party’s financial contributions, how mortgage repayments and household expenses are to be dealt with, and what is to happen if the property is sold or if one party wishes to buy out the other. It can also address practical matters such as how a sale is to be agreed and how any proceeds are to be divided. A co-ownership agreement provides clarity, protects both parties, and significantly reduces the risk of costly disputes in the future. It ensures the legal position reflects the reality of the arrangement between the parties. Deciding how to hold property jointly is not merely an administrative step. It is a fundamental decision that should be carefully considered in light of inheritance, tax, and relationship breakdown risks. Proper advice and clear documentation at the outset can prevent serious difficulties later on and provide peace of mind for both parties as they move forward together. https://www.irishexaminer.com/farming/arid-41794754.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs Joint tenancy vs tenancy in common for unmarried couples in Ireland Joint tenancy vs tenancy in common for unmarried couples in Ireland My partner and I plan to buy a property together and are unsure of … Is it worth it to risk building a home on family land without title? Is it worth it to risk building a home on family land without title? The fact planning permission was obtained with your aunt’s cooperation does … Turning a derelict farmhouse into a home — how the vacant property grant applies Turning a derelict farmhouse into a home — how the vacant property grant applies To qualify, the property must have been vacant for a minimum … My job is changing – and I’m worried what is coming My job is changing – and I’m worried what is coming A genuine redundancy must be based on the role being eliminated, not the person … The relationship with my spouse has completely broken down The relationship with my spouse has completely broken down I need clarity on what I can do next and what the law allows Image credit: … The biggest mistakes people make when drafting a will The biggest mistakes people make when drafting a will Starting the process is often the hardest step, writes rural solicitor Image credit: Irish Examiner Image …

Is it worth it to risk building a home on family land without title? The fact planning permission was obtained with your aunt’s cooperation does not, in itself, give rise to ownership rights. However, that does not necessarily mean that you have no legal protection Image credit: Irish Examiner Image credit: Irish Examiner Dear Jane,  About 10 years ago, my aunt allowed me to place a modular home on part of her farm so that I could live close by and help her as she got older. At the time, she was very supportive of the idea and told me that the site would eventually be transferred to me. No formal agreement was ever signed, but she cooperated with the planning process, and I paid all costs associated with the development and services. Since then, relationships within the wider family have become strained. My aunt has recently told me that she has changed her mind and now says that the land will be divided differently under her will.  I am extremely worried, as I have invested my savings into the house and it is my family’s only home. Where do I stand legally, and do I have any rights in relation to the house or the site? Dear Reader,  This is a very difficult situation and one that arises more often than people realise, where family arrangements are made informally and without legal documentation. Under Irish law, ownership of buildings generally follows ownership of the land on which they are built. Where a dwelling is permanently attached to land, it is treated as part of the land itself.  This means that, in the absence of a transfer of title or a long-term lease, the legal owner of the land is also regarded as the owner of the dwelling, regardless of who paid for its construction. The fact that planning permission was obtained with your aunt’s cooperation does not, in itself, give rise to ownership rights. Planning consent deals with the permissibility of development, not with title to land. However, that does not necessarily mean that you have no legal protection. Irish courts recognise it can be unjust for a landowner to benefit from another person’s expenditure where assurances were given and relied upon. In certain circumstances, a person who has built a home on another’s land based on a clear understanding or encouragement may be able to assert an equitable interest. One possible argument is that you acted on a shared understanding that you would be given rights over the site, and you relied on that understanding to your detriment by investing significant sums of money and establishing your family home there.  Where such reliance can be proven, the courts may intervene to prevent an unconscionable outcome. Each case depends heavily on evidence. Relevant factors include what was said at the time, whether witnesses were present, the extent of the financial investment, the length of time you have occupied the property, and whether your aunt stood by while you incurred these costs without objection. If your aunt were to pass away without resolving the matter, the land and dwelling would form part of her estate and be distributed in accordance with her will or the rules of intestacy. This could place your occupation of the property at serious risk. Your first step should be to seek legal advice without delay. A solicitor can assess whether a formal demand should be made seeking recognition of your interest or the transfer of the site. In some cases, matters can be resolved through negotiation before positions become entrenched. https://www.irishexaminer.com/farming/arid-41788376.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs Joint tenancy vs tenancy in common for unmarried couples in Ireland Joint tenancy vs tenancy in common for unmarried couples in Ireland My partner and I plan to buy a property together and are unsure of … Is it worth it to risk building a home on family land without title? Is it worth it to risk building a home on family land without title? The fact planning permission was obtained with your aunt’s cooperation does … Turning a derelict farmhouse into a home — how the vacant property grant applies Turning a derelict farmhouse into a home — how the vacant property grant applies To qualify, the property must have been vacant for a minimum … My job is changing – and I’m worried what is coming My job is changing – and I’m worried what is coming A genuine redundancy must be based on the role being eliminated, not the person … The relationship with my spouse has completely broken down The relationship with my spouse has completely broken down I need clarity on what I can do next and what the law allows Image credit: … The biggest mistakes people make when drafting a will The biggest mistakes people make when drafting a will Starting the process is often the hardest step, writes rural solicitor Image credit: Irish Examiner Image …

Turning a derelict farmhouse into a home — how the vacant property grant applies To qualify, the property must have been vacant for a minimum of two years immediately prior to the grant application Image credit: Irish Examiner Image credit: Irish Examiner Dear Karen, My uncle owns a farm and there is an old farmhouse on the lands which has been vacant and in poor condition for a number of years. I am considering buying the farmhouse from him and refurbishing it to live in as my principal residence. I have heard about the Vacant Property Refurbishment Grant and I am wondering whether I would qualify for the grant in these circumstances, particularly where the property is on a working farm and is currently derelict. What are the criteria and what should I be aware of before proceeding? Dear Reader, This is a query that is arising with increasing frequency, particularly in rural Ireland where there are many vacant or derelict dwellings located on farms or family lands. According to figures recently released by the Department of Housing, more than 3,000 previously disused homes were returned to use in 2025 under the Vacant Property Refurbishment Grant scheme. The Vacant Property Refurbishment Grant, administered by local authorities, is designed to bring vacant and derelict residential properties back into use. The grant applies to qualifying properties that are refurbished for use either as a principal private residence or, in some cases, as rental accommodation.  Under the scheme, you can receive a payment of €50,000 to turn a vacant house into your permanent home or a rental property. A grant of up to €70,000 is available if the property is considered derelict. In principle, a derelict farmhouse located on a farm can qualify for the grant, provided all of the eligibility criteria are met. The fact the property is situated on agricultural land does not, of itself, exclude it from the scheme. However, the detail of the arrangement and the condition of the property are critically important. To qualify, the property must have been vacant for a minimum of two years immediately prior to the grant application.  Where the higher derelict top-up grant is sought, the property must also meet the definition of being derelict, meaning it is structurally unsound or dangerous and unfit for habitation. Evidence of vacancy and dereliction is required, and this may include utility bills, photographs, engineer reports, or local authority records. The applicant must have legal ownership or a legal interest in the property at the time of drawdown of the grant. In your scenario, this means you would generally need to complete the purchase of the farmhouse from your uncle before the grant monies are released. While an application can often be made in anticipation of acquiring ownership, the local authority will require proof of title before payment is made. The grant is available where the refurbished property will be used as the applicant’s principal private residence. The applicant must occupy the property as their main home on completion of the works and for a specified period thereafter. If the property is sold or ceases to be used as a principal residence within that period, clawback of the grant may arise. There are also important planning considerations. In some cases, the refurbishment of a derelict farmhouse may qualify as exempted development. In other cases, planning permission may be required, particularly where there is a change of use, significant structural works, or issues around access and services. Confirmation of planning compliance is typically required as part of the grant process. The works carried out must be of a qualifying nature and are subject to inspection by the local authority. The grant does not cover all costs and is capped at specified amounts, with an enhanced rate available for properties confirmed as derelict.  Applicants are required to fund the works upfront and claim the grant on completion, which is an important financial consideration. While the Vacant Property Refurbishment Grant can make the refurbishment of a derelict farmhouse far more achievable, eligibility depends on meeting a number of technical and legal criteria. Early consideration of title, planning, occupancy requirements, and funding arrangements is essential.  Taking proper advice at the outset can help ensure the project proceeds smoothly and the grant is secured without unexpected complications. https://www.irishexaminer.com/farming/arid-41787062.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs Joint tenancy vs tenancy in common for unmarried couples in Ireland Joint tenancy vs tenancy in common for unmarried couples in Ireland My partner and I plan to buy a property together and are unsure of … Is it worth it to risk building a home on family land without title? Is it worth it to risk building a home on family land without title? The fact planning permission was obtained with your aunt’s cooperation does … Turning a derelict farmhouse into a home — how the vacant property grant applies Turning a derelict farmhouse into a home — how the vacant property grant applies To qualify, the property must have been vacant for a minimum … My job is changing – and I’m worried what is coming My job is changing – and I’m worried what is coming A genuine redundancy must be based on the role being eliminated, not the person … The relationship with my spouse has completely broken down The relationship with my spouse has completely broken down I need clarity on what I can do next and what the law allows Image credit: … The biggest mistakes people make when drafting a will The biggest mistakes people make when drafting a will Starting the process is often the hardest step, writes rural solicitor Image credit: Irish Examiner Image …

My job is changing – and I’m worried what is coming A genuine redundancy must be based on the role being eliminated, not the person Image credit: Irish Examiner Image credit: Irish Examiner Dear Karen,  I have worked for the same agri-business company for almost 12 years. Over the past few months, my role has changed a lot without any discussion.  My duties have increased, my roster has been altered at short notice, and my manager has hinted that my position “may not be needed” going forward. I have never had any disciplinary issues, and my performance reviews have always been good. I am anxious that they are trying to push me out, and I am unsure what my rights are if they change my contract, reduce my hours or try to dismiss me. What steps should I take to protect myself? Dear Reader, Thank you for getting in touch. Sudden changes at work can be worrying, especially where long service and a clean record are involved. Irish employment law sets out very clear protections for employees in your position. Your employer cannot make substantial changes to your terms of employment without your agreement. While day-to-day adjustments do happen in workplaces, significant changes to hours, duties or rosters must be discussed with you first. If the employer imposes major changes without consultation, this may amount to a breach of contract or, in some cases, constructive dismissal. If your manager is suggesting your role “may not be needed”, the company must follow a fair procedure. Redundancy cannot be used as a disguise for performance concerns or an attempt to remove one employee. A genuine redundancy must be based on the role being eliminated, not the person. There must be objective business reasons, consultation with you, and consideration of alternative roles where possible. Irish law requires every employer to apply proper procedures before dismissing an employee. This includes written notice of the issues, an opportunity for you to respond, a right to representation at meetings and a reasoned decision.  After 12 years of continuous service, you have strong protection under the Unfair Dismissals Acts. A dismissal will be unlawful unless the employer can show substantial grounds and fair process. Your hours and pay cannot be reduced without your agreement. If your employer attempts to change your roster significantly or cut your hours, you should request written confirmation of the reasons and set out your position in writing. Any major alteration without consent may give rise to a claim. It is important to keep written notes of any conversations, roster changes, e-mails or comments made by management. Clear records make it easier to challenge any unfair treatment later, should that become necessary. Before taking further steps, you could make a written request for a meeting to clarify your role, duties and hours. This shows you are acting reasonably and gives the employer an opportunity to correct matters. If the situation continues or your employer attempts to dismiss you unfairly, you may bring a complaint to the Workplace Relations Commission. The WRC can award compensation or direct reinstatement where unfair dismissal or breach of employment rights is established. Given the length of your service and the changes being suggested, it is sensible to obtain advice as early as possible. This will help you protect your position and respond appropriately to any further developments. https://www.irishexaminer.com/farming/arid-41782613.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs Joint tenancy vs tenancy in common for unmarried couples in Ireland Joint tenancy vs tenancy in common for unmarried couples in Ireland My partner and I plan to buy a property together and are unsure of … Is it worth it to risk building a home on family land without title? Is it worth it to risk building a home on family land without title? The fact planning permission was obtained with your aunt’s cooperation does … Turning a derelict farmhouse into a home — how the vacant property grant applies Turning a derelict farmhouse into a home — how the vacant property grant applies To qualify, the property must have been vacant for a minimum … My job is changing – and I’m worried what is coming My job is changing – and I’m worried what is coming A genuine redundancy must be based on the role being eliminated, not the person … The relationship with my spouse has completely broken down The relationship with my spouse has completely broken down I need clarity on what I can do next and what the law allows Image credit: … The biggest mistakes people make when drafting a will The biggest mistakes people make when drafting a will Starting the process is often the hardest step, writes rural solicitor Image credit: Irish Examiner Image …

The relationship with my spouse has completely broken down I need clarity on what I can do next and what the law allows Image credit: Irish Examiner Image credit: Irish Examiner Dear Karen,  I am separating from my spouse after a long marriage. We have one teenage child. For the last year, communication between us has completely broken down. My spouse has now moved out, and I am trying to understand what rights I have in relation to access, housing and day-to-day finances. At the moment, my spouse is insisting on seeing our child only when it suits them and is refusing to contribute towards expenses. I do not want matters to escalate, but I need clarity on what I can do next and what the law allows. Dear Reader,  Thank you for reaching out. When a relationship ends, things can feel very uncertain, especially when children and shared responsibilities are involved. Irish family law offers you several protections and ways to regulate the situation fairly. If your spouse is choosing access times unilaterally, you are entitled to seek formal arrangements. Where parents cannot agree, the Court can set a clear access schedule so that your child has consistency and both parents understand what is expected. The Court focuses on what works best for your child’s wellbeing, routine and emotional stability. Orders can cover weekday and weekend access, holidays, special occasions and communication between the parents. If your spouse is unreliable or cancelling repeatedly, this is something the Court will take into account. You are entitled to ask your spouse to contribute towards your child’s expenses. If they will not do so voluntarily, you can apply for a maintenance order. The Court examines income, outgoings and each parent’s capacity to contribute. Maintenance can be adjusted later if circumstances change. If you require support for yourself while things settle, you may also apply for spousal maintenance depending on your financial situation. Now that your spouse has moved out, you may be worried about remaining in the home or managing mortgage or rent payments. The Court can make an order allowing you to stay in the property, either for a defined period or longer, depending on your circumstances and your child’s needs. The Court’s decisions on housing aim to provide stability while the separation is being resolved. Both parties must provide full and accurate details of all income, property, debts and savings. If you believe your spouse is not being open, you can request documentation or ask the Court to order disclosure. This ensures that decisions about maintenance, housing and long-term arrangements are made on the basis of complete information. If at any stage you feel unsafe, the law provides immediate supports such as safety orders, protection orders or barring orders. These are dealt with urgently and can restrict contact or require a person to stay away from the home. If communication improves and you both feel able to negotiate, mediation may help you reach agreement on access, finances and living arrangements without contested hearings. However, mediation should only be used where both sides can participate freely and safely. Separation becomes more complex once issues such as access schedules, maintenance and housing arise. Even if you wish to avoid conflict, it is sensible to take legal advice so that your rights and your child’s rights are protected, and any agreements made are enforceable. https://www.irishexaminer.com/farming/arid-41777942.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs Joint tenancy vs tenancy in common for unmarried couples in Ireland Joint tenancy vs tenancy in common for unmarried couples in Ireland My partner and I plan to buy a property together and are unsure of … Is it worth it to risk building a home on family land without title? Is it worth it to risk building a home on family land without title? The fact planning permission was obtained with your aunt’s cooperation does … Turning a derelict farmhouse into a home — how the vacant property grant applies Turning a derelict farmhouse into a home — how the vacant property grant applies To qualify, the property must have been vacant for a minimum … My job is changing – and I’m worried what is coming My job is changing – and I’m worried what is coming A genuine redundancy must be based on the role being eliminated, not the person … The relationship with my spouse has completely broken down The relationship with my spouse has completely broken down I need clarity on what I can do next and what the law allows Image credit: … The biggest mistakes people make when drafting a will The biggest mistakes people make when drafting a will Starting the process is often the hardest step, writes rural solicitor Image credit: Irish Examiner Image …

The biggest mistakes people make when drafting a will Starting the process is often the hardest step, writes rural solicitor Image credit: Irish Examiner Image credit: Irish Examiner Dear Karen, I have been thinking for a while now that I really should make a will, but every time I start reading about it I close the page again because it all seems so intimidating. https://www.irishexaminer.com/farming/arid-41772821.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs Joint tenancy vs tenancy in common for unmarried couples in Ireland Joint tenancy vs tenancy in common for unmarried couples in Ireland My partner and I plan to buy a property together and are unsure of … Is it worth it to risk building a home on family land without title? Is it worth it to risk building a home on family land without title? The fact planning permission was obtained with your aunt’s cooperation does … Turning a derelict farmhouse into a home — how the vacant property grant applies Turning a derelict farmhouse into a home — how the vacant property grant applies To qualify, the property must have been vacant for a minimum … My job is changing – and I’m worried what is coming My job is changing – and I’m worried what is coming A genuine redundancy must be based on the role being eliminated, not the person, … The relationship with my spouse has completely broken down The relationship with my spouse has completely broken down I need clarity on what I can do next and what the law allows Image credit: … The biggest mistakes people make when drafting a will The biggest mistakes people make when drafting a will Starting the process is often the hardest step, writes rural solicitor Image credit: Irish Examiner Image …

Selling investment property — what owners need to know The mechanics of ending a residential tenancy in Ireland are governed by the Residential Tenancies Act (2004), and are closely monitored by the Residential Tenancies Board (RTB) Image credit: Irish Examiner Image credit: Irish Examiner Dear Karen, I own a small investment property, which I have rented out for a number of years. I am now considering selling it so that I can buy additional farmland to expand my agricultural business. I know that to end a tenancy, I must serve a Notice of Termination, but I am unsure what the legal requirements are and what impact this might have on my tenant. I have also seen recent data suggesting an increase in termination notices for sale purposes.  Dear Reader, Your question is both timely and important. The mechanics of ending a residential tenancy in Ireland are governed by the Residential Tenancies Act (2004), and are closely monitored by the Residential Tenancies Board (RTB).  Before placing a “For Sale” sign at the gate, landlords must understand that ending a residential tenancy in Ireland is not as simple as deciding to sell. Once a tenancy has lasted more than six months, it is protected under the 2004 Act, and strict procedures apply. In the third quarter of 2025, a total of 5,405 Notices of Termination were served by landlords, which represents a 35% increase compared with the same period in 2024. A significant majority — 61% of those notices — were issued on the basis that the landlord intended to sell the property. When a landlord wishes to sell an investment property with sitting tenants, they may serve a Notice of Termination on the tenant on the statutory ground that the landlord “intends to sell the property”. This is one of the recognised legal grounds under the Residential Tenancies Act, and it must be supported by specific notice requirements and timeframes. Notice requirements and grounds A copy of the notice must be sent to the Residential Tenancies Board (RTB) on the same day it is served on the tenant. If this step is missed, the notice is invalid. The notice must be in the correct form and include a valid reason for termination (e.g., sale). Where the reason for termination is sale, the landlord must also provide a statutory declaration confirming that the property will be placed on the market for sale within nine months of the termination date. It must be given with sufficient notice in accordance with the tenant’s period of continuous residence and the date of tenancy commencement. If these formalities are not complied with, the notice may be open to challenge by the tenant. Obligations on the landlord Serving a Notice of Termination for sale is not simply a matter of informing the tenant — the landlord must ensure the notice is given in accordance with statutory deadlines and that it is both valid and timely. Once a valid Notice of Termination has been issued, the tenant’s statutory protections, including security of tenure, are affected and the tenancy will terminate on the effective date specified in the notice, provided that date is beyond the minimum notice period required by law. One practical issue for selling landlords is the notice timeframe. If a tenant has security of tenure, the notice period before the tenancy actually ends, and the landlord can recover vacant possession, can be extended significantly. It is important to calculate this carefully based on when the tenancy began and whether a valid termination notice has previously been served. What this means for selling your property Serving a Notice of Termination should never be treated as a box-ticking exercise.  It is a legal step that, if done incorrectly, can set back a sales transaction. For landlords planning to sell, factoring statutory notice periods into sale timelines is essential.  In some cases, especially for tenants with long-standing tenancies, the notice period before vacant possession can be recovered may extend well beyond what is initially anticipated. Practical considerations before selling Before serving a Notice of Termination, it is prudent for a landlord to: Confirm the tenancy history and dates to ensure correct notice periods. Ensure all notices are lodged with the RTB as required. The law does not prevent landlords from selling — but it does require that tenants’ rights be respected throughout the process. For any farmer considering putting a rental property on the market, the message is clear: plan early, follow the rules precisely, and ensure the paperwork is in order before taking the next step. https://www.irishexaminer.com/farming/arid-41802707.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs Joint tenancy vs tenancy in common for unmarried couples in Ireland Joint tenancy vs tenancy in common for unmarried couples in Ireland My partner and I plan to buy a property together and are unsure of … Is it worth it to risk building a home on family land without title? Is it worth it to risk building a home on family land without title? The fact planning permission was obtained with your aunt’s cooperation does … Turning a derelict farmhouse into a home — how the vacant property grant applies Turning a derelict farmhouse into a home — how the vacant property grant applies To qualify, the property must have been vacant for a minimum … My job is changing – and I’m worried what is coming My job is changing – and I’m worried what is coming A genuine redundancy must be based on the role being eliminated, not the person … The relationship with my spouse has completely broken down The relationship with my spouse has completely broken down I need clarity on what I can do next and what the law allows Image credit: … The biggest mistakes people make when drafting a will The biggest mistakes people make when drafting a will Starting the process is often the

Security dog attacks — what farmers need to know Under Irish law, the owner of a dog is generally strictly liable for any injury caused by that dog Image credit: Irish Examiner Dear Karen,  I run a working farm that has a public right-of-way running through part of the land. A neighbour keeps several large dogs for security.  Recently, while walking the boundary fence early one morning, I was attacked and bitten by one of these dogs after it strayed onto my land.  I required medical treatment and have been unable to carry out my normal farm work since the incident. I am unsure where I stand legally, particularly as the dog was not mine and the attack occurred on agricultural land rather than in a public place. Do I have any legal recourse? Dear Reader,  I am very sorry to hear about your experience. Incidents involving dog attacks on farms can have serious physical and financial consequences, particularly where a farmer’s ability to work is affected. The law in this area is clear and affords strong protection to injured parties. Under Irish law, the owner of a dog is generally strictly liable for any injury caused by that dog. This principle applies regardless of where the attack occurs, whether on a public road, private land, or farmland. You do not have to prove that the owner was careless or negligent.  It is sufficient to establish that the dog caused the injury and that the defendant was the owner or person in charge of the dog at the time. Where a dog strays from its owner’s land onto neighbouring farmland and causes injury, liability will ordinarily rest with the dog owner. The fact the injured person is a farmer carrying out normal agricultural duties does not reduce or limit the entitlement to compensation. In circumstances where the dog was being used for security purposes, the courts may take a particularly serious view of the risk posed by such animals if they are not properly controlled. In addition to physical injuries, loss of earnings is a key consideration in farm-related cases. If you are unable to carry out essential farm work as a result of the injuries sustained, this financial loss can form part of a personal injury claim.  Medical evidence linking your inability to work directly to the attack will be required, together with documentation of income loss or additional costs incurred in hiring assistance. It is also relevant whether the dog was of a restricted breed or had previously displayed aggressive behaviour. Owners of dogs owe a duty to ensure their animals are adequately restrained, securely confined, and not permitted to wander onto neighbouring lands. Failure to do so can also expose the owner to regulatory or criminal consequences under dog-control legislation. The first procedural step in pursuing a claim is to make an application to the Personal Injuries Assessment Board. This must generally be done within two years less one day from the date of the incident. If liability is disputed or the assessment is not accepted, court proceedings may then be issued. The level of damages sought will determine whether the case is heard in the Circuit Court or High Court. From a practical point of view, it is important to preserve evidence at an early stage. Photographs of injuries, medical records, details of witnesses, and any prior complaints about the dog should be retained. Garda involvement, if any, should also be documented. Given the seriousness of dog attacks and the potential impact on your livelihood, it is strongly advisable to seek legal advice promptly.  A solicitor can guide you through the process, advise on time limits, and ensure your claim is properly advanced so you can focus on recovery and the continued operation of your farm. https://www.irishexaminer.com/farming/arid-41806097.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs Joint tenancy vs tenancy in common for unmarried couples in Ireland Joint tenancy vs tenancy in common for unmarried couples in Ireland My partner and I plan to buy a property together and are unsure of … Is it worth it to risk building a home on family land without title? Is it worth it to risk building a home on family land without title? The fact planning permission was obtained with your aunt’s cooperation does … Turning a derelict farmhouse into a home — how the vacant property grant applies Turning a derelict farmhouse into a home — how the vacant property grant applies To qualify, the property must have been vacant for a minimum … My job is changing – and I’m worried what is coming My job is changing – and I’m worried what is coming A genuine redundancy must be based on the role being eliminated, not the person … The relationship with my spouse has completely broken down The relationship with my spouse has completely broken down I need clarity on what I can do next and what the law allows Image credit: … The biggest mistakes people make when drafting a will The biggest mistakes people make when drafting a will Starting the process is often the hardest step, writes rural solicitor Image credit: Irish Examiner Image …

I live abroad and worry I might be targeted by squatters It is important that landowners living abroad are not careless about the risks of adverse possession. Image credit: Irish Examiner Dear Karen, I live abroad and inherited land about seven years ago, but I am conscious of someone claiming squatters’ rights, especially if they might know that I don’t live in Ireland and would not regularly check the property.  What advice would you have to ensure that someone doesn’t make a claim for squatters’ rights over my land? Dear Reader, This is a very good question, and it is wise to consider this. It is important that a landowner is not careless. It is advised that the landowner inspects their land regularly. If the owner is away for long periods of time, they should appoint someone to inspect the lands to ensure that no third parties are in occupation. It is prudent to look for signs of entry or such things as new fences having been erected, animals grazing, or crops planted. If there is such evidence, the identity of the person must be ascertained immediately, and legal advice sought as how to remove him/her from the property. Instituting legal proceedings against the trespasser will “stop the clock running” on the adverse possession. The landowner should also exercise some act of ownership over the property in the interim, for example, erecting fences or buildings, or placing animals on the land. Rental of land Another potential option available to the farmer is to procure from the person in possession (squatting) an agreement signed by him/her to rent the land at certain figure (which could be nominal), and for certain period, or alternately, simply acknowledging that he/she is present on the land with the owner’s permission. If such an agreement is signed, then the person in possession cannot bring a successful adverse possession claim. It must be emphasised that a landowner cannot afford to be complacent and must act promptly. The adverse possession clock only stops when legal proceedings are instituted, not when a call is made to a solicitor for legal advice. In the case of Dunne versus Iarnród Éireann, the court took the view that the following two matters should be examined in particular when determining if adverse possession existed: Whether or not there is a continuous period of 12 years in which the squatter is in exclusive possession of the property to the extent sufficient to establish an intention to possess, and Whether or not the period of possession was broken by any act of possession by the owner of the land. The court held that the latter point allowed a low threshold for the landowner to establish possession and stop the clock from running on adverse possession.  Certain acts of possession by the landowner would break a claimant’s possession. In that particular case, the owner carried out works to part of the property being claimed by the squatter. https://www.irishexaminer.com/farming/arid-41666213.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs Joint tenancy vs tenancy in common for unmarried couples in Ireland Joint tenancy vs tenancy in common for unmarried couples in Ireland My partner and I plan to buy a property together and are unsure of … Is it worth it to risk building a home on family land without title? Is it worth it to risk building a home on family land without title? The fact planning permission was obtained with your aunt’s cooperation does … Turning a derelict farmhouse into a home — how the vacant property grant applies Turning a derelict farmhouse into a home — how the vacant property grant applies To qualify, the property must have been vacant for a minimum … My job is changing – and I’m worried what is coming My job is changing – and I’m worried what is coming A genuine redundancy must be based on the role being eliminated, not the person … The relationship with my spouse has completely broken down The relationship with my spouse has completely broken down I need clarity on what I can do next and what the law allows Image credit: … The biggest mistakes people make when drafting a will The biggest mistakes people make when drafting a will Starting the process is often the hardest step, writes rural solicitor Image credit: Irish Examiner Image …

I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog was dangerous on a few occasions. Image credit: Irish Examiner The law clearly states that an owner of an animal having charge and control of an animal shall have a duty of care to prevent damage by the animal. Dear Karen, I was walking along the road by our house last week when a neighbour’s dog, who I was always uneasy about, came out onto the road and up behind me and bit the back of my leg. He drew blood – it is quite sore and I had to go to the hospital to get a tetanus shot and I am now resting at home. I am very angry as I warned that neighbour that their dog was dangerous on a few occasions, and know other neighbours complained to them too. But he would not listen and did nothing and the dog was constantly coming out onto the road barking at passer-byers. What are my rights? Dear Reader, I am sorry to hear that, and I hope you will recover speedily. Being attacked or bitten by a dog is a terrifying experience. A dog owner is responsible for ensuring that his dog does not behave aggressively and cause injury or harm to someone. The law clearly states that an owner of an animal having charge and control of an animal shall have a duty of care to prevent damage by the animal. In particular, the owner of a dog shall be liable in damages for injury caused in an attack on any person by the dog or for injury done by it to livestock. The person seeking such damages will not have to show any previous mischievous propensity in the dog. Section 21 of the 1986 Act has abolished the maxim which stated that the “dog was entitled to his first bite”, and the 1986 Act now imposes a liability on the owner of the dog for all injury caused to a third party.  Strict liability is imposed on the offending dog’s owner. ‘Strict liability’ means that the plaintiff need only prove that the incident occurred and that the defendant’s dog was responsible. Under Section 22 of the 1986 Act, it is possible to bring a complaint about a dangerous dog to the attention of the Local Authority or District Court. This is only in the case that the dog be deemed a danger to livestock or humans. It is possible to get an order for the destruction of this dog. You could also bring a personal injury claim in the District Court for damages as a result of the injury suffered by you as a result of this dog against the owner of the dog. You would need to produce a medical report detailing your injuries.  Proceedings would need to be served on the owner of the dog. It is now much easier to obtain compensation for a dog bite as you need only prove that the incident occurred. There is no need to show that the dog had a previous mischievous propensity or was prone to attacking people. You need only prove that the dog attack occurred and produce evidence of injury, loss and damage to pursue a claim. It is not necessary to establish the negligence of the dog owner. Some practical advice, if you have not already done so, would be to take photos of your injuries as soon as they occur and as they heal, keep the unwashed clothes that you were wearing at the time of the attack, keep a note of any witness who witnessed the attack and a note of what happened on the day. You have not mentioned what type of dog bit you. The Control of Dos Regulations 1998 placed restrictions on some breeds deemed to be particularly dangerous or unpredictable. These include American Pitbull, English Bullterrier, Staffordshire Bullterrier, Bullmastiff, Doberman, German Shepard, Rhodesian Ridgeback, Rottweiler, Japanese Akita, and Japanese Tosa. Examples of these controls are that the dogs must be kept on a suitable lead and supervised by a person over the age of 16 years and be capable of controlling the animal. You also need a dog licence to own a dog legally in Ireland under the Control of Dogs Act 1986. Under the Microchipping of Dogs Regulations 2015, a program of microchipping was introduced which states that all dogs must now be microchipped. A microchip can be implanted in any dog of any age. Legally, they must be chipped by the time they are 12 weeks old, but they can be chipped earlier than that. The legislation brings greater traceability and increases the likelihood of claims being made against dog owners. https://www.irishexaminer.com/farming/arid-41024591.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Teens are trespassing on our land – what can we do? Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour into the … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back?

How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to deal with the land given the fact that there is not a good relationship between our two children, which greatly saddens us Image credit: Irish Examiner Dear Karen,  We are a couple in our 70s and we want to give the farmland to our two children now rather than leave it in our wills, but the difficulty, unfortunately, is our son and daughter do not get along and have not done so for many years. They barely talk. We don’t farm anymore — we have the land rented out to a farmer tenant. We have 120 acres and were wondering what’s the best way to deal with the land given the fact that there is not a good relationship between our two children, which greatly saddens us. Hopefully, someday they will make it up. We’d like to be practical on how we deal with the land. Dear Readers,  I am sorry to hear this. It is always difficult when family members do not see eye to eye, especially your only two children. When someone owns land with another person or many individuals own it together it can lead to disagreement about what should be done with it, how it should be sold, at what price, or when one person should buy out the other. This is typical when there are multiple owners. There are a number of options available to you — the most obvious option would be to physically subdivide the land if that is possible, depending on the land, between your two children so that effectively each would own a portion in their own name. There are no hard and fast rules in relation to this type of situation. It may not be possible to divide land between your two children with an equal value but it might be the best solution to the situation you are in so that each of your children own the lands exclusively and can do with it as they wish for example rent it, sell it, gift it to a child etc. An engineer would need to be appointed to mark Land Registry-compliant maps together with any appropriate rights of way or rights to water or drainage that may be required for the benefit of relevant land over the other portion of the land.  Given the relationship and the history between your two children, it might be best, if possible, to have independent access to each portion of the land so that either of them do not have to transverse over the other person’s land. Obviously, there is another option available in that you could place the land on the market for sale or direct in your will that the land be sold and the proceeds divided between them equally. This may not be what you would like to happen as in you might wish to keep the land in the family but it is an option that you should consider where neither child is interested in farming. Your children could each take their one-half share in the sales proceeds from the sale of the land and do with it as they wish. You also have the option of placing the land in their names as tenants in common in equal shares but the difficulty is, it does not confirm exclusive right in respect of any part of the co-owned land on them. The difficulty of holding lands in tenants in common is that both of your children would need to agree on what to do with the land ie, rent it, sell it, farm it, etc.    If they disagree, one co-owner can effect a partition or court sale through an application to the court without the need for the consent or agreement from the other co-owner. This allows at least one of the individual owners to petition the court to divide the property and force a sale.  This process is time-consuming and expensive. In many cases, however, family is unable to agree or communicate in any fashion that would allow the matter to proceed uncontested and therefore the partition proceeding is necessary in order to force the sale on behalf of the uncooperative or disagreeable owner.   However, vesting the land in your children as tenants in common does not appear to be a sensible solution in your particular circumstances. Ideally, it is best if all parties could agree on what to do with the land but more often than not, the more people who have an interest in particular lands, the more scope there is for disagreement. https://www.irishexaminer.com/farming/arid-41044004.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs Joint tenancy vs tenancy in common for unmarried couples in Ireland Joint tenancy vs tenancy in common for unmarried couples in Ireland My partner and I plan to buy a property together and are unsure of … Is it worth it to risk building a home on family land without title? Is it worth it to risk building a home on family land without title? The fact planning permission was obtained with your aunt’s cooperation does … Turning a derelict farmhouse into a home — how the vacant property grant applies Turning a derelict farmhouse into a home — how the vacant property grant applies To qualify, the property must have been vacant for a minimum … My job is changing – and I’m worried what is coming My job is changing – and I’m worried what is coming A genuine redundancy must be based on the role being eliminated, not the person … The relationship with my spouse has completely broken down The relationship with my spouse has completely broken down I need clarity on what I can do next and what the law allows Image credit: …

Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour into the equation. Image credit: Irish Examiner Dear Karen,  Our family farm is located in a very scenic part of Ireland, and we have had incidences of people trespassing on our land, causing problems. I generally don’t mind when some people accidentally trespass onto our land. However, recently teenagers, especially during the summer months, are coming into an old derelict cottage on the land and drinking in the house and having get-togethers. So far, it has not caused any problems, but I am fearful that one of them will have an accident on the land. In addition to this, there are obviously a lot of empty cans and cigarette butts left on our land. The litter is certainly causing a nuisance. I am worried that someone might injure themselves on the land and then I will get sued. Is there any way I can keep the teenagers off the land to protect my land and my family? Dear Reader, I am sorry to hear this. This is a difficult issue and is often an issue that most farmers face at one point or another. It is always wise to take measures to prevent people from being on your land without your consent, even if it does not necessarily bother you. A great deal of farmers may be unaware that people who trespass on their lands have a certain amount of rights, and you, as a landowner, owe them a duty of care. In Ireland, a trespasser is recognised as a person who does not have authority or permission to be on your land. The duty of care that a landowner owes to a trespasser is two-fold. Firstly, the landowner is not to intentionally injure or harm the person, and secondly, the landowner is not to act with reckless disregard for the trespasser. The occupier of the land must not set out to intentionally harm any trespassers. The duty of care, however, is a bit more complicated. The phrase “reckless disregard” must first be understood. This means that you must take all care and measures to allow for the safety of any persons entering the land and to protect and prevent them from coming into contact with any obvious or hidden dangers that might have the potential to harm any persons entering the land.  In effect, you must have regard for any dangers that exist on your land and take every effort to protect any potential trespassers from these dangers. If an incident were to occur with a trespasser being injured on your land and the case is brought before the court, then a few factors would be examined. The court would consider the circumstance of the individual case. They would look at whether there was a reasonable expectation for the landowner to know the trespasser might be on the lands. They will then consider the danger itself and whether it was reasonable to expect the landowner to protect the trespasser from it. A few other factors would also be evaluated, such as the care the trespasser took for their own safety. A way to prevent trespassers on your land that the courts will assess is if you have any visible signs or warnings up. If there are any dangers on your land, the signs should say something to the effect of “WARNING” or “DANGER AHEAD DO NOT CROSS”. If you have signs up simply saying that the trespassers will be prosecuted, then this does not constitute a warning to the trespasser in terms of their safety. These signs may be very effective, however, in keeping trespassers off your land. In general, it is wise to have signs up warning trespassers away and letting them know about any potential dangers in the area. While having a sign up may not necessarily help you in a court case, it may not do you any harm either.  Without having to resort to prosecuting trespassers as a landowner, you can still take steps to protect yourself from any liability that may occur. https://www.irishexaminer.com/farming/arid-41053154.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour into the equation. Image credit: Irish Examiner Dear Karen, I read an article recently about a man who bought a house in the UK last week and sued the seller for damages as he found Japanese knotweed behind the garden shed after he moved into his house. https://www.irishexaminer.com/farming/arid-41060030.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% of bulls are subfertile and will get some animals pregnant, but it will take several attempts and, therefore, more time, writes rural solicitor Karen Walsh. Image credit: Irish Examiner Dear Karen, I bought a bull at a pedigree sale, but it hasn’t got any of my cows in calf. Fertility testing that I got done has showed that there are some good swimmers – but not many, so the seller is disputing my claim that the bull is infertile. https://www.irishexaminer.com/farming/arid-41063879.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – but the law in this area isn’t straightforward, writes rural solicitor Karen Walsh. Image credit: Irish Examiner Dear Karen, I’m looking for some advice. My neighbour has redirected water into our field, without permission, causing the field to become swamp-like. https://www.irishexaminer.com/farming/arid-41068841.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

My father needs nursing home support — what is a Care Representative? Legal Advice: A Care Representative is a person appointed by the circuit court to apply for a state loan in relation to the nursing home support scheme (also known as Fair Deal) Image credit: Irish Examiner Dear Karen My father a while back was diagnosed with dementia and it is quite progressive with the doctor saying he needs to have 24-hour care and ideally needs to go into a nursing home. I need to apply to the HSE for nursing home support and I have been advised that a Care Representative needs to be appointed to apply for the Fair Deal Scheme on his behalf. What is a Care Representative? I do not know anything about this. What is involved? https://www.irishexaminer.com/farming/arid-41081975.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

Does my husband’s will mean I’ll lose my home? My husband left everything between our three children in equal shares. I feel very vulnerable; I do not own the house that I even live in! What can I do? Image credit: Irish Examiner Dear Karen, My husband passed away a few months ago. He was very ill for some time and I cared for him. https://www.irishexaminer.com/farming/arid-41086531.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

I just inherited my uncle’s farm – will divorce mean I’ll have to sell? Image credit: Irish Examiner Dear Stephen, We are married a number of years and I am in the process of splitting up with my spouse. https://www.irishexaminer.com/farming/arid-41091991.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

Fixing a boundary wall – what’s the best approach? Restoring an old boundary wall can be a headache for some – particularly where neighbours disagree. Image credit: Irish Examiner Dear Karen, My neighbour and I have farmed next to each other for years and the generation before that. We have always gotten along and helped each other out on the farm during silage cutting, calving periods over the years. https://www.irishexaminer.com/farming/arid-41095024.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

My cheating husband has written me out of his will If your husband left you nothing in his will, you may still have legal rights to a portion of his estate, writes solicitor Karen Walsh. Image credit: Irish Examiner Dear Karen, I have access to part of my farmlands over a private laneway. My father, my grandfather and I have been using it for driving the cows from the milking parlour to part of the lands for donkeys’ years. https://www.irishexaminer.com/farming/arid-41103487.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

Landowner has blocked my access – do I have right of way? He has erected pillars on either side of the entry point of the laneway and erected a locked gate preventing us from using it. What should I do? Image credit: Irish Examiner Dear Karen, I have access to part of my farmlands over a private laneway. My father, my grandfather and I have been using it for driving the cows from the milking parlour to part of the lands for donkeys’ years. https://www.irishexaminer.com/farming/arid-41106490.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

We’re worried our son will gamble his inheritance away Our son has a gambling addiction; we want to provide for him in our will but are worried he will gamble it all away. Image credit: Irish Examiner Dear Karen, My wife and I want to put wills in place and have been putting it off. more farming columnist – karen walsh articles https://www.irishexaminer.com/farming/arid-41121589.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

Karen Walsh: I’ve been approached by a solar company – but don’t know where to start Image credit: Irish Examiner Dear Karen,  I have been approached by a developer, and they are interested in placing a solar farm on my land, along with some neighbouring landowners. https://www.irishexaminer.com/farming/arid-41135743.htmll Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

Karen Walsh: Should I pass on the farm to my son now or when I have passed on? It very much depends on a wide variety of factors, such as family circumstances, whether there is a child farming and the tax implications Image credit: Irish Examiner Dear Karen I am farming since I left school when I turned 14, and now I have a son about to turn 35 in the next few months, and I cannot make up my mind as to whether I should transfer the farm to him in my lifetime, or if I should leave it passed in a will? If I am going to do it in my lifetime, I really should make a decision now before he turns 35, so he can avail of young trained farmer relief. https://www.irishexaminer.com/farming/arid-41145616.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

Thinking of buying farmland? Rural solicitor Karen Walsh gives her top tips Image credit: Irish Examiner Dear Karen,  I am looking to buy some land to expand my dairy farm either this year or next year. I have land that was gifted to me by my father last year but hoping to expand on that. https://www.irishexaminer.com/farming/arid-41190061.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

My husband doesn’t want to make a will. What would you advise? I have been trying to encourage my husband to make a will, but he is constantly coming up with excuses as to why it can wait, our reader this week writes. Image credit: Irish Examiner Dear Karen, I have been trying to encourage my husband to make a will, but he is constantly coming up with excuses as to why it can wait. https://www.irishexaminer.com/farming/arid-41294389.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

Ask a solicitor: My house is built on my uncle’s land – but we’ve fallen out Solicitor Karen Walsh explains the importance of ensuring a deed of transfer has been executed on a site. Image credit: Irish Examiner Dear Karen, My uncle said that I could build my family home on his lands about six years ago. I got planning and he signed the consent to allow me to apply for planning permission on his land. I was successful in the first application and built a small house on his land for myself, where my wife and my young child currently live from my savings. I did not need a loan. https://www.irishexaminer.com/farming/arid-41317120.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

Neighbouring farmer says he owns my shed The neighbour claims that the shed is within his maps and that he actually owns it. Image credit: Irish Examiner Dear Karen, The farmlands that I own have been in my family for generations. There is a shed at the end of the lane, which I use for storing tools and small machinery, however, my neighbour, whom I have always got on with, has recently started to say that he owns it. https://www.irishexaminer.com/farming/arid-41358172.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Teens are trespassing on our land – what can we do? Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour into the … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

My partner passed away, but we weren’t married In the case of a married couple where one spouse dies without leaving a Will, the surviving spouse is entitled to two-thirds of the Estate, with the remaining third divided among the children. However, as an unmarried couple, the law differs, writes solicitor Karen Walsh. Image credit: Irish Examiner Dear Karen, I shared a life with my partner for a decade. His parents gifted him acres of farmland, which he farmed until his recent passing. Our two children, aged two and five, are now left without their father and myself without my partner, on which I was financially dependent. https://www.irishexaminer.com/farming/arid-41377279.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

A solar company wants to lay a cable under my land While an Option might sound like a pretty harmless document to sign, it will have long-lasting consequences for your land and the future, advises rural solicitor Karen Walsh. Image credit: Irish Examiner Dear Karen, I have been asked to sign an Option Document so that a solar developer can lay a cable underneath my lands in respect of a solar farm. https://www.irishexaminer.com/farming/arid-41424868.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

We’re not together but never divorced Even where spouses are no longer living together and are no longer in an intimate and committed relationship for some time, they are still married in the eyes of the law, writes rural solicitor Karen Walsh. Image credit: Irish Examiner Dear Karen, I got married about 40 years ago and my husband left me for another woman shortly after having our child. It was a funny sort of relationship in that we were amicable enough, but we never formally separated or divorced and now and again he gave money towards the rearing of our daughter.  https://www.irishexaminer.com/farming/arid-41444308.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

A family member wants to borrow money – what should I do? Mixing money and family can be a dangerous business. You need to carefully weigh up the pros and cons, warns rural solicitor Karen Walsh. Image credit: Irish Examiner Dear Karen,  A family member has asked me for a loan of money to help with funding the cost of setting up his own business. He has asked me for €70,000.  https://www.irishexaminer.com/farming/arid-41451706.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

It’s really time I transferred the farm – what do I need to know? Transferring a farm can take anything from weeks to months… but rushing it is not advisable warns rural solicitor Karen Walsh. Image credit: Irish Examiner Dear Karen,  I have been putting off transferring the farm to my son for a long time. I know it is old-fashioned, but I like being in control of the farm and although myself and my son have a very good relationship, and he is a great worker and very dedicated to the farm.  I know I must put my feelings aside and transfer the farm to him as he is due to turn 35 in the next few months. https://www.irishexaminer.com/farming/arid-41486513.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

What’s the fair way to split the house after a break-up? We took out a mortgage together, and the property was placed into both our names as tenants in common in equal shares, but now, we have broken up, and we have decided to go our separate ways, asks this week’s reader. Image credit: Irish Examiner Dear Karen,  I bought a house with my boyfriend a couple of years ago. We took out a mortgage together, and the property was placed into both our names as tenants in common in equal shares, but now, we have broken up, and we have decided to go our separate ways. https://www.irishexaminer.com/farming/arid-41505803.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

Is it time to think about a farm partnership? Having a well-drafted written partnership agreement is critical. There is always the potential within family partnerships, in particular, where disputes get out of control, writes rural solicitor Karen Walsh. Image credit: Irish Examiner Dear Karen, I am thinking of giving the lands to my son in the next few years before he turns 35, the cut-off point for claiming the Young Trained Farner Relief in respect of Stamp Duty.  https://www.irishexaminer.com/farming/arid-41563141.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

Can we have ‘our day in the house’? Is it possible to transfer the farm while also protecting myself, asks this week’s question. Image credit: Irish Examiner Dear Karen, I would like to transfer the family farm, which has been in my family for generations, to my son, who is farming at home with me.  https://www.irishexaminer.com/farming/arid-41567830.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

My neighbour’s tree looks like it could fall on to my property Where a hedge is a hazard or potential hazard to persons using a public road, the Road Authority may serve a notice on the owner or occupier of the land requiring the felling, cutting or trimming of the hedge. Image credit: Irish Examiner Dear Karen, There are large, beautiful old trees that line the road up to a row of houses, one of which is mine. However, I am concerned about one particular large tree which is located on my neighbour’s property near the road.  https://www.irishexaminer.com/farming/arid-41583193.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

Guardians, executors and trustees – explaining the jargon of wills Making a will can feel overwhelming to many, but you will be glad you did it in the end, writes rural solicitor Karen Walsh. Image credit: Irish Examiner Dear Karen, I want to put a Will in place, but after reading about it, I am getting very overwhelmed, and I am really confused about what role executors, trustees, and guardians have in a Will.  https://www.irishexaminer.com/farming/arid-41589091.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

Do children have a right to an inheritance in Ireland? Each case is decided on its own merits and the court examines the situation from the point of view of a “prudent and just” parent, writes rural solicitor Karen Walsh. Image credit: Irish Examiner Dear Karen, Do children have an automatic right to inherit? Am I to provide a certain amount of inheritance in my Will to my children? https://www.irishexaminer.com/farming/arid-41592685.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

Could I be sued if my cattle break out? There is a special rule known as ‘Cattle Trespass’ that was developed to specifically address the situation where cattle stray onto another person’s land, writes rural solicitor Karen Walsh Image credit: Irish Examiner Dear Karen, I had a couple of fences damaged in the recent storms and my cattle have been finding new gaps to get through that I wasn’t aware of. https://www.irishexaminer.com/farming/arid-41592715.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

We’re separated but stuck together because of housing Housing shortages mean it is much more common for couples who have ended their relationship to be stuck in the same home Image credit: Irish Examiner Dear Karen, My husband and I have not been in a relationship for the past two years and have both decided that we are to divorce. We are quite amicable, and we both feel it is the best way forward for us.  https://www.irishexaminer.com/farming/arid-41592805.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

I’m worried my husband won’t declare all of his assets during divorce Withholding information on assets during a divorce can have serious consequences, warns rural solicitor Karen Walsh. Image credit: Irish Examiner Dear Karen,  I am in the early stages of a divorce, and I am thinking of representing myself. I am unclear on what I am entitled to. The wording in the legislation is “proper provision”? What does this mean? What if my husband does not declare all his financial assets, which I suspect he will not? I stayed at home to rear our three children over the years while my husband farmed. https://www.irishexaminer.com/farming/arid-41611843.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

Every lawsuit has a dispute at its core. When two parties are unable to resolve their differences, they approach arbitrators and lawyers to help them. Not all go to trial but many do.

Every lawsuit has a dispute at its core. When two parties are unable to resolve their differences, they approach arbitrators and lawyers to help them. Not all go to trial but many do.

Every lawsuit has a dispute at its core. When two parties are unable to resolve their differences, they approach arbitrators and lawyers to help them. Not all go to trial but many do.

Every lawsuit has a dispute at its core. When two parties are unable to resolve their differences, they approach arbitrators and lawyers to help them. Not all go to trial but many do.

Should I be worried about trespassers on my land? Trespassers are a significant worry for many landowners, writes rural solicitor Karen Walsh. Image credit: Irish Examiner Dear Karen, I am always concerned about trespassers coming on my land and making a claim against me. It seems very unfair that they possibly could. What is the law in relation to this? Dear Reader,  This is a worry for many landowners. A trespasser is defined as “an entrant, other than a recreational user or a visitor”. Such entrants do not have permission or authority to be present on the property. A burglar falls within this definition.  The duty owed to trespassers is set out in Section 4 of the Occupiers Liability Act 1995. It is similar to that owed to recreational users. However, an occupier may not be liable for injury or damage unintentionally caused to a person who enters on land or premises for the purposes of committing an offence, unless the court determines otherwise. The decision of the court will be based on the facts of the case. In the case of Williams vs. TP Wallace Construction Limited, the entrant plaintiff did not have permission or authority to be on the property in question. The defendant company had hired the plaintiff to install guttering at a shopping centre.  On the day of the accident, the plaintiff attended the defendant’s premises unannounced in order to establish whether the job was being carried out properly. The plaintiff proceeded to inspect the site without express permission while the site workers were on a break and the architect was not present.  The plaintiff sued the defendant for injuries he sustained as a result of a fall from a ladder, which was not tied to the scaffolding. The plaintiff contended that the defendant was negligent in failing to have the ladder secured.  The court held that the plaintiff was not a visitor, but was instead a trespasser, because he was not on the site by invitation or arrangement. The court found in favour of the defendant and dismissed the plaintiff’s case on the basis that the failure to tie the ladder to the scaffolding was not an act of reckless disregard, and the defendant did not breach his duty to the plaintiff, a trespasser, in this regard. The 1995 Act does not draw a distinction between an adult and a child, so a child is owed the same duty of care, however gauging the standard of reckless disregard, the court must have regard of all circumstances, such as the conduct of the person, and the care that he or she may reasonably be expected to take for his or her own safety while on a premises. Naturally, a child is not aware of dangers as an adult would be, and they may ignore or fail to understand warning signs.  As a result, the courts have traditionally afforded more leniency to children who come onto premises as a trespasser, if it could be shown that the child was at an age that he or she would “follow a bait as mechanically as a fish” and the occupier’s premises contained “an allurement”. The case law states that in order for something to be an allurement, it must be both “fascinating and fatal”.  In the case of O’Leary vs John A. Wood Limited, the court held that “an object should not be considered an allurement unless the temptations which it presents are such that no normal child could be expected to restrain themselves from intermeddling even if he knows that to intermeddle is wrong”. Clearly, the allurement approach in these types of cases is of great benefit to children, but the courts appear to have taken a restrictive approach so as to ensure that the net for liability is not cast so widely as to be unjust. https://www.irishexaminer.com/farming/arid-41644345.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

Divorce on a farm – who keeps the house? The family home in farming situations is unique due to the fact that it is usually in close proximity to the farmyard and lands, writes rural solicitor Karen Walsh. Image credit: Irish Examiner Dear Karen, I am getting a divorce from my wife, and I am farming. The family home is located on the family farm, and I would be anxious to keep it as it is in such close proximity to the farm. What typically happens in a situation like this? https://www.irishexaminer.com/farming/arid-41648069.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Karen Walsh: Teens are trespassing on our land – what can we do? Karen Walsh: Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …

Every lawsuit has a dispute at its core. When two parties are unable to resolve their differences, they approach arbitrators and lawyers to help them. Not all go to trial but many do.

Every lawsuit has a dispute at its core. When two parties are unable to resolve their differences, they approach arbitrators and lawyers to help them. Not all go to trial but many do.

Does it really matter if I haven’t done a risk assessment? I know I am supposed to have a health and safety statement in place and Risk Assessment Document, but I have kept putting it off. What it is the importance of this? Image credit: Irish Examiner Dear Karen, I am operating a dairy farm and am self-employed with no employees. I obviously have family members come onto the farm from time to time, and contractors etc. https://www.irishexaminer.com/farming/arid-41659139.html Let Us Know Your Questions Cancel reply Logged in as developer. Edit your profile. Log out? Required fields are marked * Message* Book a Consultation Related Blogs I warned my neighbour his dog was aggressive and now it’s bitten me I warned my neighbour his dog was aggressive and now it’s bitten me I am very angry as I warned that neighbour that their dog … How do we divide land between our two children who don’t get along? How do we divide land between our two children who don’t get along? We have 120 acres and were wondering what’s the best way to … Teens are trespassing on our land – what can we do? Teens are trespassing on our land – what can we do? Dealing with giant knotweed is difficult enough without adding a difficult neighbour into the … My neighbour’s knotweed is sprawling on to my land – what can I do? My neighbour’s knotweed is sprawling on to my land – what can I do? Dealing with giant knotweed is difficult enough without adding a difficult … My new bull isn’t up to the job – how can I get my money back? My new bull isn’t up to the job – how can I get my money back? While complete infertility of bulls is rare, approximately 20% … My neighbour’s drainage is flooding my land – can I stop him? My neighbour’s drainage is flooding my land – can I stop him? Drainage is one of the most common areas of dispute between landowners – …