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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.
A judgement has be.. by wicklore   (Show all posts)


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Track
La Gomera - GR132
GSheehy 21 hours ago.
In 1492, Columbus set out from San Sebasti

  
Summit Summary
Doughruagh South Top: Twin of Doughruagh main top
Collaborative entry Last edit by: liz50 3 days ago.
Located behind Kylemore Abbey, it has been reported that access from the grounds is no longer allowed. It is possible to park in a small lay-by at L77637 58711 and walk approx 30m along the road t...

  
Summit Summary
Doughruagh: Rocky summit with access issues from Kylemore Abbey
Collaborative entry Last edit by: liz50 3 days ago.
Located behind Kylemore Abbey, it has been reported that access from the grounds is no longer allowed. It is possible to park in a small lay-by at L77637 58711 and walk approx 30m along the road t...

Summit Summary
Raghtin More: The smallest Inishowen Arderin
Collaborative entry Last edit by: liz50 4 days ago.
The easiest approach is to park at Urrismenagh viewpoint carpark C317 443 and follow the track to its highest point. From here you can avoid Crockmain and carry on towards Raghtin More to the Nort...

  
Summit Summary
Crockmain: An uninspiring summit with great views
Collaborative entry Last edit by: liz50 4 days ago.
The easiest approach is to park at Urrismenagh viewpoint carpark C317 443 and follow the track to its highest point before heading north over heather to the summit. Alternatively from Mamore Gap c...

  
Summit Summary
Currywongaun: Rough and Rocky
Collaborative entry Last edit by: liz50 3 days ago.
Park off road in a small lay-by at L72134 59157 and ascend the spur in a roughly Easterly direction to the summit. Usually climbed en-route to its larger neighbor Doughraugh.

Summit Summary
Knocknanacree: Views to Slieve Mish and the Dingle Peninsula
Collaborative entry Last edit by: liz50 4 days ago.
Summit can be approached from the West by parking near Minard Castle V556 992 and following a rough track uphill past a quarry and onto the summit ridge.A shorter steeper approach is possible from...

  
Track
Forbidden Keadeen
CaptainVertigo 5 days ago.
Please DO NOT attempt to gain access to Keadeen from the road by following my route. The owner, who is a very decent ... walk, Len: 7.2km, Climb: 487m, Area: Keadeen Mountain, Dublin/Wicklow (Ireland

  
Summit Summary
Teeromoyle Mountain: A summit in the middle of a classic Horseshoe walk
Collaborative entry Last edit by: liz50 4 days ago.
This summit is usually accessed whilst walking the Glenbeigh Horseshoe. A shortened version taking in the 4 central 600m summits in the centre of the horseshoe Teeromoyle, Coomacarrea, Mullaghnara...

Summit Comment
Bruse Hill: Bruse
Nekarsulm 5 days ago.
Track up from the quarry is overgrown. I partially walked up a small stream, as it at least cuts its way through the whins. Climbing straight upwards, you will see places where some earlier climbe...

  
Summit Comment
Coppanagh: Wear Your Wellies
Pepe 6 days ago.
As of early 2017 the top section of forestry has been felled, making the trig easily visible once you're up. A word of caution: this felling has resulted in a treacherous summit surface; a gazilli...

  
Track
Meentog South East Top
Onzy 5 days ago.
Route to Meentog SET from west. Parking is in a farmyard (with permission) and a helpful track leads up to around 540m walk, Len: 4.1km, Climb: 336m, Area: Glenbeigh Horseshoe (Ireland)


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