#Farming Columnist - Karen Walsh

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#Farming Columnist - Karen Walsh

Law of the Land

A COMPREHENSIVE SERIES OF ARTICLES ON THIS TOPIC

<p>A Will must comply with certain legal formalities in order to be valid, writes rural solicitor Karen Walsh.</p>

S farming

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

Starting the process is often the hardest step, writes rural solicitor Karen Walsh

<p>In intestacy, the estate is distributed in a fixed order, depending on which relatives are alive at the time of death, writes solicitor Karen Walsh.</p>

farming

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

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

Ask a solicitor: I live abroad and worry I might be targeted by squatters

Ask a solicitor: Does it really matter if I haven't done a risk assessment?

Man signing last will and testament

farming

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

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

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

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

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

Father sharing farm experience with son

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.

Thu, 19 Dec, 2024

Two keys with splitted key rings with pendant in shape of house

Ask a solicitor: 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.

Tue, 29 Oct, 2024

back view of father and son standing together and looking at cows grazing on farm

Ask a solicitor: 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.

Mon, 30 Sep, 2024

close-up of hands holding a wad of 50 euro notes to make a payment

Ask a solicitor: 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.

Thu, 08 Aug, 2024

Mature couple fighting at home sitting on the sofa.

Spousal rights: 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.

Mon, 01 Jul, 2024

Aerial view of solar panels on green field at suburb in sunny day

S Ask a solicitor: 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.

Mon, 01 Jul, 2024

Family taking a walk in nature

S Ask a solicitor: 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.

Mon, 22 Apr, 2024

Straw bails in a modern barn

S Ask a solicitor: Neighbouring farmer says he owns my shed

The neighbour claims that the shed is within his maps and that he actually owns it.

Mon, 25 Mar, 2024

A construction worker builds the facade of a building

S 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.

Mon, 29 Jan, 2024

Senior Contract

S 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.

Tue, 26 Dec, 2023

Meadow with cabin and farm animals

Thinking of buying farmland? Rural solicitor Karen Walsh gives her top tips

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.

Tue, 25 Jul, 2023

Signing Last Will and Testament

S 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

Sun, 25 Jun, 2023

Karen Walsh: I've been approached by a solar company - but don't know where to start

Karen Walsh: I've been approached by a solar company - but don't know where to start

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.

Wed, 10 May, 2023

Watching soccer game at home

S Karen Walsh: 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.

Mon, 24 Apr, 2023

Five Bar Gate

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?

Sun, 23 Apr, 2023

Man signing last will and testament

S Law of the land: 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.

Tue, 28 Mar, 2023

Restored Wall Background

S Karen Walsh: Fixing a boundary wall - what's the best approach?

Restoring an old boundary wall can be a headache for some - particularly where neighbours disagree.

Mon, 20 Mar, 2023

Mother and son

Karen Walsh: I just inherited my uncle's farm - will divorce mean I'll have to sell?

Dear Stephen, We are married a number of years and I am in the process of splitting up with my spouse. We are living the same house but have not been in a relationship as such for over a year.

Wed, 15 Mar, 2023

Senior Adult Famale working on farm with thirty plus year model pickup with beautiful landscape and cloud formations in backgrou

Karen Walsh: 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?

Mon, 06 Mar, 2023

A lonely man is sitting on the bed

S Karen Walsh: 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)

Tue, 28 Feb, 2023

Heavy rain over agricultural field

S 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.

Sat, 18 Feb, 2023

Limousin bull and cows in a field

Karen Walsh: 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.

Mon, 06 Feb, 2023

Japanese Knotweed warning sign indicating a treatment area and to avoid entering. Japanese Knotweed is is classified as an inva

S Karen Walsh: 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.

Mon, 30 Jan, 2023

Girl hiking

Karen Walsh: Teens are trespassing on our land - what can we do?

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.

Mon, 23 Jan, 2023

Retired man looking at cattle grazing in a field

Karen Walsh: 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

Sun, 15 Jan, 2023

Funny dog playing under raindrops in countryside

Karen Walsh: 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.

Mon, 05 Dec, 2022