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FARMING - LEGAL MATTERS

A collection of the latest columns, analysis and opinion on legal matters and affairs relating to the farming and agriculture sector. Enjoy.

<p>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.</p>

farming

Ask a solicitor: 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

<p>Applicants are required to fund the works upfront and claim the grant on completion, which is an important financial consideration.</p>

farming

Ask a solicitor: Turning a derelict farmhouse into a home — how the vacant property grant applies

<p>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.</p>

farming

Ask a solicitor: My job is changing – and I'm worried what is coming

Couple ignoring each other after conflict quarrel

farming

Ask a solicitor: The relationship with my spouse has completely broken down

Man Signing Last Will & Testament

S farming

Ask a solicitor: The biggest mistakes people make when drafting a will

Retired man looking at cattle grazing in a field

farming

Ask a solicitor: No will, no spouse, no children — who inherits the farm?

Brian Reidy

Hazell Mullins, Vet on the Moove

Kieran Coughlan, Farm Finance

Paula Hynes, Hoofing It

Yorkshire Farm

Ask a solicitor: I was promised the farm, but it was left to someone else

When a person has committed years of their life to caring for property in reliance on assurances given to them, it feels deeply unjust to be left without security, writes rural solicitor Karen Walsh

Mon, 29 Dec, 2025

EU Flags Flying at the European Commission Building Brussels Belgium

What the proposed CAP changes mean for Irish farmers

Concerns are raised for the proposed absorption of the CAP under the National and Regional Partnerships Plans (NRPP).

Wed, 23 Jul, 2025

red wooden private property sign farm land no right of way no public access

Ask a solicitor: 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, writes rural solicitor Karen Walsh.

Wed, 09 Jul, 2025

Risk assessment

Ask a solicitor: 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?

Mon, 30 Jun, 2025

Man signing last will and testament

Ask a solicitor: What happens when your spouse leaves you out of the will?

When one spouse dies leaving a will, and the surviving spouse has not renounced his/her rights, then that surviving spouse has a right known as a 'Legal Right Share' to a share of a portion of deceased spouse’s estate, writes solicitor Karen Walsh

Mon, 23 Jun, 2025

Close-up of excavator at construction site. Backhoe digging soil for earthwork and construction business. Excavating machine at

Ask a solicitor: The amount I've been offered won't even cover my building materials

We agreed on a price of €50,000. The job is now done and I asked for payment, but now he is saying it couldn’t possibly be this amount and that we never agreed on that price, writes this week's reader

Thu, 19 Jun, 2025

Divorce concept. Law and Justice background. Judge gavel on with two golden wedding rings

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.

Thu, 12 Jun, 2025

No trespassing private property sign on a fence

Ask a solicitor: Should I be worried about trespassers on my land?

Trespassers are a significant worry for many landowners, writes rural solicitor Karen Walsh.

Tue, 03 Jun, 2025

Roof

Ask a solicitor: A contractor fell off a ladder on my farm

While, in most cases, it would be perfectly clear whether a person is an employee, this is not always so, writes solicitor Karen Walsh.

Mon, 26 May, 2025

Manual Worker in his Van

Ask a solicitor: My farm manager is using the work van for personal use. Can I sack him?

Termination is an extremely contentious area, and one which an employer should take great care in handling, writes rural solicitor Karen Walsh

Mon, 19 May, 2025

Aerial view of the solar panel in solar farm in evening sun light.

Ask a solicitor: Should I sign an exclusivity agreement with a solar company?

An exclusivity agreement is one made between a developer and a landowner, in which the landowner agrees to give the developer the right to apply for grid connection and carry out feasibility studies, advises solicitor Karen Walsh

Mon, 12 May, 2025

Shot of a senior man sitting alone and using his laptop to calculate his finances at home

Ask a solicitor: Are online will-making services a good idea?

When considering whether or not someone was of unsound mind, the relevant time is that of the making of the will

Mon, 05 May, 2025

Architect surveying a new building plot

Building without planning permission - what are the risks?

Failure to comply with an enforcement notice within the specified time can result in a criminal prosecution and the imposition of a penalty, warns rural solicitor Karen Walsh.

Mon, 28 Apr, 2025

land for sale sign in grassy lot

A solicitor's tips for a smooth land sale

A common cause of delay in such transactions is when life insurance and fire insurance have not been put in place in time, warns rural solicitor Karen Walsh

Mon, 21 Apr, 2025

Divorce agreement and wedding rings

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.

Mon, 14 Apr, 2025

Unhappy young couple

Ask a solicitor: 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

Mon, 31 Mar, 2025

Report makes recommendations to increase the welfare of horses

Report makes recommendations to increase the welfare of horses

The Professor Paddy Wall report follows an RTÉ Investigates documentary last June that highlighted gross horse welfare abuses, and potential entry of ineligible horses into the food chain

Wed, 26 Mar, 2025

View down a country barbed wire fence

Ask a solicitor: 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

Mon, 24 Mar, 2025

Father showing his son the family business.

Ask a solicitor: 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.

Mon, 17 Mar, 2025

businesswoman signing an official document

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.

Mon, 10 Mar, 2025

Arborist Tree Pruning Service Working on High Branches

Ask a solicitor: 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.

Mon, 03 Mar, 2025

Comforting hand on shoulder of man

Ask a solicitor: Can I stop an attorney from wasting my father's money?

There are also a number of safeguards in place to ensure that the power is not abused, writes solicitor Angela O'Connor.

Mon, 10 Feb, 2025

Couple standing in kitchen preparing food

Ask a solicitor: Can we have 'our day in the house'?

Is it possible to transfer the farm while also protecting myself, asks this week's question.

Wed, 05 Feb, 2025

Wind turbine power at sunrise

Wind farm planners granted Judicial Review in 'significant' High Court case

The principal grounds of the challenge was that the board had erred in law in failing to comply with its obligations under Section 15 of the Climate Action and Low Cabon Development Act 2015, writes solicitor Stephen Coppinger.

Mon, 20 Jan, 2025

Close up of Ireland Passport in Black Suitcase Pocket

Ask a solicitor: Can I become an Irish citizen without losing my passport for my home country?

Unfortunately, if you become an Irish citizen, you will lose your Lithuanian passport as Lithuania does not allow duel nationality, writes solicitor Angela O'Connor

Tue, 14 Jan, 2025

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