Ireland -- Description and travel; Ireland -- Social conditions
Such a theory would doubtless appear sheer lunacy to the French
proprietor who has paid for his land £400 per hectare, and who has let
it for a fixed period at a fixed price, with the understanding that at
the end of the contract he shall find it in good condition and shall then
do what he pleases with it. That theory, however, is so well suited to
Ireland, where custom has the force of law, that the landlord does not
even think, practically, of disputing the _tenant’s right_.
As a rule he is only too glad to let his land to the farmers who have
traditionally occupied it, on condition that they pay the usual rent.
But in practice, the Land Act of 1860, apparently so much in favour
of the tenant, has produced disastrous effects. In the first place,
by consecrating the right of the tenant only on improvements and
enlargements made _with the landlord’s consent_. Thence the consequence
that not only is the landlord never willing to spend a farthing on
the improvements of the land, but also that he systematically opposes
them, for fear he should have to pay for them in the end. Besides many
landlords have signed their new leases only after the farmer has given
them a formal renunciation to the tenant right; or else they have taken
advantage of the pretext that offered itself, and raised the rent by way
of compensation against all risks. Lastly, in many a place where this
right has become positive, the rural usurers alone have profited by it by
discounting it to the peasantry.
The consequence is that the tenant right is often reduced practically
to the implicit acknowledgment of the right of the farmer to occupy the
land, so long as he pays his rent. It even happens not unfrequently that
there is no lease and the occupancy goes on indefinitely without title.
Doubtless this gives it only more value in the eyes of the peasant,
naturally inclined to associate this absence of scrivening with the
acknowledgment of his traditional rights.
Having been able in certain cases to sell or hire his “interest,” he
feels the more inclined to think himself entitled to divide it between
his children. That division has become the rule, and what was once a farm
of thirty to fifty acres turns out, at the third generation, parcelled
in ten or twelve scraps of three to five acres. The landlord might have
interfered in the beginning; he might have prevented such a division; he
did not do it. Beside, that division of the land is recorded nowhere, has
been the occasion of no formal deed; one member of the family answers
for all the others, if necessary. How is one to unravel those private
arrangements? And, after all, what does it matter, so long as the rents
come in?
Public-domain text, read in full here on John Shaqi.
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