Rehoboth council blocks inheritance of grazing contracts
The Rehoboth Town Council has resolved not to allow grazing contracts in its townlands to be transferred to children or legally recognised heirs, amid concerns that communal grazing areas could eventually become exclusive family holdings. The decision followed discussions on a proposed amendment to clause seven of the grazing memorandum agreement, which currently limits the transfer of grazing rights to a spouse under certain circumstances.
The proposed amendment sought to extend transferability to children and legally recognised heirs to provide greater continuity in land administration. However, the Management Committee recommended that no such expansion be allowed. The recommendation was referred to the council for further consideration. During council meeting held early this week, councillors raised concerns about the long-term implications of allowing grazing contracts to be passed from one generation to another.
Chairperson of the Management Committee Richard Kawango warned that transferring contracts to children could eventually result in the same land being passed on to their children, effectively placing communal land in the hands of one family. He also highlighted cases where tenants had allegedly fenced off camps and erected permanent structures on townlands. Such actions were described as violations of agreements with the council. Concerns were further raised about access, with councillors saying gates had been used to restrict access by council officials and routes had been denied to other tenants.
The council was urged to take action against tenants who violate their contracts, with the legal department and the townlands department expected to address the reported incidents. Councillors also questioned the use of communal grazing areas by tenants with large numbers of livestock. Examples were raised of tenants keeping about 100 cattle and 250 small stock in camps intended for communal and subsistence farming, while other tenants had much smaller herds.
The council said there was a need for a clear policy to regulate the application and management of townlands, including grazing rights, fencing and financial compliance. The proposed policy is expected to be informed by councillors and input from communities. Townland committees are also expected to be established from September 2026.
The council further clarified that, for now, there would be no transfer of grazing contracts to children or heirs, or to spouses married out of community of property. In the event of a tenant’s death, family members may reapply for access to the grazing area, after which the matter can be considered on its merits. The council ultimately approved the position of no transferability of grazing contracts to children or legally recognised heirs.
