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I have aired my vi.. by Bleck Cra   (Show all posts)
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CaptainVertigo
2012-02-09 14:46:09
Irish Times -Extracts re Walker Judgment
A Co. Wicklow landowner has won a High Court declaration there is no public right of way on his property as was alleged by a local walking association. Joseph Walker had claimed about 500 metres of his property at Annacrivey, Enniskerry, was not subject to a public right of way following a lengthy dispute with members of the Enniskerry Walkers Association (EWA).
Mr Justice John MacMenamin also said there was “a strong case” for reforming the law concerning the existence of public rights of way and suggested reform should include “compulsory mediation” before any litigation.
Mr Justice MacMenamin, remarking the case “conveyed the impression” of a dispute where “matters got out of hand” and the parties were “misguided”, ruled yesterday the route was not a public right of way. The judge said his order applied to the defendants – EWA chairman Niall Lenoach and secretary Noel Barry – but not to others as Mr Walker never sought to join others to the case. He was not prepared to make a declaration binding “on the whole world” and had no jurisdiction to do so, the judge said. The evidence was insufficient to allow him grant an injunction against possible threatened acts and there was no evidence of any proven risk of substantial danger or repeated trespass on the land. He would not grant an order which would apply to the land itself, he said. The litigation lasted 11 days in the High Court involving costs that could potentially ruin the parties and “had broken up long-standing friendships”, the judge noted. While mediation was proposed “more than once”, the parties “could not or would not compromise” and the “bitterness” between them was clear, he said. Neither side had shown the degree of toleration one would normally expect and actions by both sides were “totally disproportionate” to the issues at stake. The defendants argued there was a public road in the disputed area since 1760 known as the Old Coach Road. They claimed the right of way on land was half way between Enniskerry and Glencree, there was evidence of the road on maps from 1760 onwards and reference to the road was also made in a report prepared by Wicklow County Council. Mr Walker argued no such road exists and claimed he was subjected to aggressive confrontations after marches were organised to his land. He also claimed his property was damaged by trespassers. While he did not blame the defendants for the damage, he believed their campaign had led to trespassers gaining access to his land, he said. Mr Walker, a chartered accountant, told the court his father had purchased the lands in 1945 and farmed them until his death as a result of an accident in 1980. He said he did not remember people using any part of his father’s property. People did not wander onto it that much and it would upset his father if he saw people using it for recreational use. He did allow some shooting on the land, but those using it had to seek permission first, he added.
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User profile
ewen
ewen 22 hours ago.
Now living furth of Scotland and getting to know the Irish hills. If you come across a Scottish hill Walker with dodgy knees and walking sedately, stop and say hello.

  
Summit Comment
Knockroe: OMG - I forget to check the MV page!
Pepe 22 hours ago.
Decided to make a day out of a Dublin-Waterford drive, despite low-hanging cloud. Knockroe wore a misty white cap as I glanced up from the Sculloge Gap carpark. Planning my attack (so I thought), ...

  
Summit Summary
Bleantasour Mountain: A boggy but short ascent route
Collaborative entry Last edit by: simon3 a day ago.
Go to the forest entrance at S22452 09704. there is room here for a few cars.Walk down the forest track, crossing a ford and follow the track until you can see open ground.Walk south along the edg...

Track
A handy way up two western Monavulaghs.
simon3 a day ago.
Easy access to the ridge.Improved RouteUsing the hard won experience of others and new forest roads we found a relati... walk, Len: 6.5km, Climb: 263m, Area: Bleantasour Mountain, Comeragh Mountains

  
Summit Summary
Milk Hill: Carry on bagging
Collaborative entry Last edit by: simon3 a day ago.
Go to the forest entrance at S22452 09704. there is room here for a few cars.Walk down the forest track, crossing a ford and follow the track until you can see open ground.Walk uphill to the summi...

  
Summit Comment
Seefin: Fine day spoilt by Scramblers
ewen a day ago.
Started at the Coillte gate at 068145 where there is parking for 2 cars. I then followed the forest road around until the first turn off to the left. This takes you along to the fire break/path at...

Forum: General
Local 97
marymac 3 days ago.
An abstract Artist, Charles Shaw, said "Real happiness consists in not what we actually accomplish, but what we think we accomplish." I moved house. So my Local 100 changed. The new list includes ...

  
Summit Comment
Gortrumnagh: Drive or Walk
sandman 2 days ago.
The gravel track at L6133851903 will bring you up to the second quarry workings allowing you to park at L6213651955 and enter the open hillside via a gate just inside the quarry to the left. No si...

  
Track
Hacha Grande by following my nose.
jackill a day ago.
walk, Len: 11.5km, Climb: 636m, Area: Spain, Canary Islands ()

Summit Comment
Derrylahan: Coastal Hill
sandman 2 days ago.
As this hill is located in a field covered in gorse bushes the easiest access is via the adjacent land owner. Parking at L6670259115 i was fortunate to bump in to the farmer whose farm yard is loc...

  
Summit Comment
Ballynew: Coastal Hill
sandman 2 days ago.
Park at L6231659377 opposite a very modern designed house and follow the non tared track and as it turns right go straight up hill thru an old overgrown trail still used by some cattle on there ow...

  
Forum: General
MI: Celebration Ireland's mountain environmen
simon3 5 days ago.
Date: 26-28/05/2017Venue: Cappanalea OETC, Killorgin. Co. KerryTo coincide with National Biodiversity Week, Mountaineering Ireland is hosting a weekend celebration of Ireland’s mountain environmen...


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