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GAZETTE
JULY-AUGUST
from the true facts as to lead one to the conclusion that
this belief is based on ill conceived notions, or is the
consequence of uninformed comment of a most harmful'
nature.
Statistics are available to show clearly that the vast
majority of farms have an area of 50 acres or less and a
very large percentage are under 30 acres, the smaller
farms being usually found north west of a line drawn
approximately from Dundalk to Limerick, with some
exceptions. Since 1930 there has been a slow, but
nonetheless significant change in the structure of farms.
The number of farms of 30 acres and less have decreased
on average by 12 per cent and the larger farms over acres
have decreased in number. There has been approximately
a 15 per cent increase in the number of farms in the
region of
acres to
acres.
Underutilization is greatest in areas where the average
farm is between 20 and 30 acres.
CON-ACRE AND GRAZING
Over the years the area of lands set out in con-acre or
for grazing has averaged around 6% of all farmland.
The existence of a con-acre and grazing system on the
eleven months basis is proof, if proof be needed, on the
one hand of the reluctance of land owners, who for one
reason or another are unable to farm themselves, to sell or
dispose of the farm and on the other hand is proof of the
availability of young hard working eager farmers, who
are prepared to rent lands to enlarge the area they farm
and thus make their farming enterprise more economical.
The cost of land in recent years has also made the con-
acre grazing eleven month system attractive to the two
parties involved. Letting out land in this fashion is bad in
the long run, in that the land runs down in quality, due to
over-cropping or grazing with the owner and the occupier
each as a rule failing to put anything back into the land in
the nature of fertilising or in improving or creating greater
utilization.
It is clear from the many reasons mentioned that ways
and means must be found whereby our land can be put to
greater and more extensive use and whereby the
reluctance to dispose of land and the problems of the
family farm can be surrmounted. How can this be
achieved and what part, if any, can we as Solicitors play?
By reason of the possessiveness to which I have referred,
I believe that any attempt to have owners of under-utilized
lands part with ownership, either by offering incentives,
pensions or using compulsory purchase powers, or by
limiting the area of land which any one person may own,
will fail.
FARMINGCOMPANIES
The legacy of land law which I have already referred to
is still on our Statute Books and does not enable a land
owner to lease land with any great confidence or degree of
certainty that by doing so he will retain ownership, or the
right to repossess fully the property leased. Our tax laws,
as presently structured do not encourage the formation of
Limited Companies for the ownership, or indeed for the
farming of lands. There is a case to be made for farming
Companies, provided the tax structures are altered and
provided that farming is approached from tax purposes
by the Revenue Commissioners as a business and is
treated in the same fashion as any ordinary business
enterprise.
PARTNERSHIPS
We are therefore left with partnership, which while it
may seem to be Hobson's Choice in the circumstances,
has nonetheless many attributes which can provide a
reasonable solution to the many problems mentioned. A
partnership arrangement can be in many varied forms to
suit the circumstances of the particular case, it can be for
a short trial period, it can be extended, should it fail, or if
difficulties should arise by virtue of the incompatability of
the partners it can be terminated on terms which have
already been mutually agreed. It can be between two or
more parties and there is a whole wide range of variations
to suit all circumstances. There are countless people in all
walks of life who carry on various types of business
enterprise in partnership with a very full and rewarding
involvement and with a measure of success to the benefit
of all of the parties involved. There is no reason to my
mind why the farming community should not be equally
successful, especially the younger landless farmer, who is
as astute and able a businessman as most.
If a parent and son or daughter operate a farm on a
partnership basis, the land owner or parent contributing
the land, but the ownership of which he retains, and he
also contributing his expertise and such work as he may
be capable of, depending on age and the younger person
contributing his ability and eagerness to work, both
sharing the profits of a profitable enterprise; must lead to
a happier and a more contented farming family than now
often exists, particularly where a son is merely working at
home in receipt of a weekly allowance with no say or
standing.
As between local farmers two or even more who have
small holdings, the advantages are obvious. The batchelor
farmer, or the farmer who through age, illness or who is
otherwise unable to utilize his lands fully could, by way of
partnership with a younger man achieve satisfaction and
a greater income through the full utilization of his
property. The consequent sharing of expense and farm
implements will be advantageous. The land owning
farmer also has the assurance that his ownership of the
land does not become involved in any way and after a
trial period of operation, a decision can be arrived at as to
whethere the junior partner in the arrangement should
have options or arrangements, permitting him in due
course to purchase the ownership from his co-partner.
I am glad to say that there has been great co-operation
between the I.F.A., the A.C.C. and the Society over the
past year and this matter has been under active
consideration. Recently Macra na Feirme have indicated
to the Society that they would welcome a meeting to set
up a Committee to consider in particular partnership
arrangements in farming and a meeting will take place
shortly. From the practical steps which are in mind, each
of us in our own way, can encourage farmers where
necessary, in the settlement of their affairs to consider the
partnership idea and we can encourage them to do so and
in that respect we should be in a position to provide suit-
able forms of partnership agreements when required and
to advise fully in relation to all aspects of these matters.
The idea of farming in partnership is new to the
farming community, who heretofore have operated as
very independent indivualistic persons, each paddling his
canoe to the best of his or her ability. It will therefore take
time before the confidence necessary to engage in
partnership arrangements grows and in that respect,
perhaps a beginning could be made with the family farm.
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