asked the Minister for Lands the assistance the Land Commission give to divide commonages amongst the owners; and if they use compulsory powers to do so particularly where the majority of the owners are agreeable and where it is obvious that a minority are holding the others to ransom.
Ceisteanna—Questions. Oral Answers. - Commonage Divisions.
28.
(Cavan): The statutory provisions for division of commonages are contained in: Section 24, Land Act, 1939; Section 25, Land Act, 1950; Section 23, Land Act, 1953; Section 41, Land Act, 1965.
The Land Commission have power, subject to the right of appeal to the Appeal Tribunal—and, on a question of law, to the Supreme Court, to prepare a scheme for partition of a commonage in a case where one or more but not all of the owners in common apply to them for a compulsory partition.
In practice, however, it is only in a very rare case that it would be realistic to attempt to exercise this power. Generally it will be found that the land and herbage in a commonage is not of uniform quality: all the better class land may be in one relatively small block; water may be available in one or two places but entirely absent over most of the year; likewise shelter access to a public road may be another problem. While, even in such situations, the commonage can often be divided if all the co-owners are really interested, yet if even one is opposed to the division, it would be hard to enforce it against his opposition: there would be the very great difficulty of countering his argument that the defined area proposed to be given to him under the partition scheme was not as valuable to him as the undivided share in the whole commonage which he would lose.
The Land Commission are prepared to help in the division of commonages in cases where:—
(a) the land comprising the commonage—or a worthwhile proportion of it—is productive or potentially productive;
(b) the commonage is held as an adjunct to substandard holdings;
(c) the division of the commonage —with fencing of the divisions and any necessary reclamation or manuring—would be likely to enhance the viability of the holdings;
and
(d) the co-owners will agree on a division.
The assistance which the Land Commission will give in such cases is twofold:
(1) They will prepare the necessary documents to give legal effect to the division without expense to the co-owners;
(2) They will provide money towards the cost of erecting fences between the divisions; and, in special circumstances, they may give some assistance towards the cost of other improvements such as drainage, reclamation or manuring. There is no rigid rule as to the proportion of the total cost which the Land Commission will provide: it may be 50 per cent., or more or less, depending on the circumstances. The beneficiaries may pay their portion either in cash or by means of a long-term annuity.