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wise use of mires and peatlands - Peatland Ecology Research Group

wise use of mires and peatlands - Peatland Ecology Research Group

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APPENDIX 4205APPENDIX 4PATTERNS OF PROPERTY OWNERSHIP OF MIRES ANDPEATLANDS IN SOME SELECTED COUNTRIESThe legal basis for ownership, <strong>and</strong> the pattern <strong>of</strong> ownership <strong>of</strong> <strong>mires</strong> <strong>and</strong> peatl<strong>and</strong>s, has amajor influence on the implementation <strong>of</strong> Wise Use guidelines in any country. Information onpatterns <strong>of</strong> property ownership in some selected countries is given in the paragraphs whichfollow:Irel<strong>and</strong> 113 : Peat cutting had played a part inthe provision <strong>of</strong> domestic energy since atleast the 10 th century, sometimes separatefrom the ownership <strong>of</strong> the bog, <strong>and</strong> peat waswidely <strong>use</strong>d, even when wood wasavailable. 114 From the end <strong>of</strong> the 17 th century,after effective deforestation, peat became anessential part <strong>of</strong> domestic economy, not easilysubstitutable.The establishment around this time <strong>of</strong> thegreat estates does not appear to haveconsolidated bog ownership, or rights to its<strong>use</strong>. In the massive report <strong>of</strong> the BogCommissioners, presented to the BritishParliament in 1814, the obstacle to thedrainage <strong>and</strong> large-scale development for fuel<strong>of</strong> Irish bogs was considered to be “theindeterminate nature <strong>of</strong> boundaries betweenadjoining properties <strong>and</strong> the rights <strong>of</strong> turbary<strong>and</strong> grazing claimed by the tenantry” 115When the large estates were divided in thelate 19 th <strong>and</strong> early part <strong>of</strong> the 20 th centuries aparcel <strong>of</strong> peat bog was considered to be anecessary part <strong>of</strong> an autonomous agriculturalunit, so as the l<strong>and</strong> was divided, the bogswere divided. Currently, the present occupier/owner has <strong>of</strong>ten not established her title, <strong>and</strong>undefined turbary rights may be held by anumber <strong>of</strong> former tenants <strong>of</strong> an estate or theirsuccessors. In some cases the right to grazea bog may be held by one party, the peatunderlying the grazing by another, theresidual cutaway – subsoil or fee simple byyet a third, <strong>and</strong> sporting or shooting rightsby a fourth. It is not impossible that all theserights may be vested in a plot <strong>of</strong> bog <strong>of</strong> 0.25hectares “The break up <strong>of</strong> the estatesaccelerated after the establishment <strong>of</strong> the IrishFree State in 1922 … which divided bogs intoindividual strips – <strong>of</strong>ten very numerous <strong>and</strong>narrow, the average width being 20-30 yards– <strong>and</strong> assigned them to individual tenants.” 116Finl<strong>and</strong> 117 : The ownership <strong>of</strong> peatl<strong>and</strong>s inFinl<strong>and</strong> is divided as follows: privateindividuals 54.5%; the state 36.5%;companies 6.0%; Others (including parishes<strong>and</strong> other public “associations”) 3.0%.Peatl<strong>and</strong>s cover about 30 % <strong>of</strong> Finl<strong>and</strong>’s l<strong>and</strong>area. When the Crown l<strong>and</strong> was divided intoprivate farms, principally in the 19 th century,the mire areas were divided between farms inapproximately the same proportion as themineral soil areas. Parcels <strong>of</strong> peatl<strong>and</strong> aretherefore mainly inside farm boundaries. Onlyoccasionally are there separate all-mire areas.Traditional ways <strong>of</strong> using peatl<strong>and</strong>s include

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