19 May 2022
Just a short note for those who practice in agricultural law. One may often come across grazing agreements. There a range of these agreements, and this is just a quick refresher on some of the terms
Grazing agreement. As the name suggests this is a term given to broadly to any type of arrangement where a person is allowed to enter onto anothers land to permit grazing of animals. Grazing agreements are a form of licence, a mere permission and does not give the person grazing any rights of occupation or an estate.
Pasturage. Pasturage is another term for a grazing agreement.
Agistment. Again this is another term for the same concepts as above. Like the former, these agreements tend to be on a seasonal basis and sometimes are referred to as “an 11 month take”
The fact that these are mere licences, then their creation is not a grant, but one formed by contract. A deed is not needed to create these arrangements.
A good precedent for these arrangements is contained in Mary Laffoy precedents (Bloomsbury publishing) namely precedent L5.5.
Conacre. There is a final arrangement similar to the above but not to be confused with them, namely, that of conacre. This is a licence from the owner of the land to the farmer to allow the farmer till the land, sow crops and reap the harvest. These, like grazing agreements, are generally for an 11 month period and as with grazing agreements, conacre are a special form of possession in that it is a mere right to use for a limited purpose, the general possession remaining with the owner. Sometimes this is referred to the fact that while a licensee may be on the land, they have no “right to the soil”.
Conacre agreements tend to be less used than agistment, particularly due to the fact that arable farming is not extensive in Ireland.
Hope this helps and if you have any queries regarding probate law, will drafting or capacity law please do not hesitate to email me at email@example.com