It takes specialist knowledge and understanding to appreciate the problems farmers face today. Every decision is affected by legal, tax and practical considerations specific to farming business. The objective of this Focus is to highlight general principles that apply to legal issues that affect all family farms.

Topics include succession and farm transfer, walkways through farms, a growing interest in developing solar farms and the impact of the new spraying regulations.

Issues on every family farm

There are distinct legal issues which seem to affect many family farms and are the subject of queries to the legal queries page on a regular basis. As the saying goes, there are two certainties in life – death and taxes. Consequently, farm fransfer and succession are issues that affect every family farm.

While the advice can differ depending on the particular circumstances of each case, there are general legal principles that can be applied to all cases which can serve as a starting point to assist farmers in understanding the issue before they obtain specific advice.

Walkways

Another issue which generates a lot of interest is the establishment, use and registration of rights of way. However, of more interest of late is the law relating to walkways through private land, given the judgment in April this year whereby a hill walker who was injured when she fell on a rotting boardwalk on the Wicklow Way was awarded €40,000 damages against the NPWS.

Of growing interest to readers of late are the legal implications of signing up to a solar farm development and given the time of year and recent fine weather the obligation to register as a user of agrochemicals.

Send your legal queries to ameehan@farmersjournal.ie.

Disclaimer: The information in these articles is intended as a general guide only. While every care is taken to ensure accuracy of information contained in these articles, Aisling Meehan, Agricultural Solicitors does not accept responsibility for errors or omissions howsoever arising. E-mail ameehan@farmersjournal.ie

Read more

To read the full Farm Law Focus, click here.