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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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RECENT CONTRIBUTIONS 1 2 3 .. 21 Next page >>
Forum: General
Not mountains, but might interest coast lover
Aidy 17 hours ago.
https://www.youtube.com/playlist?list=PL1cedpjs7nwId_STtX9cNIDFoyMnRHtG-I've started a wee project doing photo slideshows on the beaches in Co Donegal. It has unfortunately kept me out of the moun...

  
Track
Exploring Binevenagh
Peter Walker a day ago.
walk, Len: 8.8km, Climb: 392m, Area: Binevenagh, Keenaght (Ireland) Binevenagh

  
Track
Mullaghanattin Circuit
Onzy 3 days ago.
Standard circuit of the pocket.Stunning circuit on wnat was unfortunately a bad day - no visibility and constant driz... walk, Len: 15.2km, Climb: 1133m, Area: An Cnoc Riabhach, Dunkerron Mountains (

Summit Comment
Slievenashaska: Wild mountain run
Dbosonnet a week ago.
Slievenashaska taken from the Dunkerron ridge. Track 3488 for details

  
Summit Comment
Caora Bhán: Dunkerron ridge run
Dbosonnet a week ago.
Coomnacronia taken from the Dunkerron ridge. Track 3488 for details

  
Summit Comment
Mweelrea: Brilliant Mountain, But Demands Respect
Aidy 2 days ago.
I found Mweelrea to be a magnificent mountain, dramatic, rugged, and with amazing views. I would definitely recommend ascending from the Doo Lough side to take in the Ben Lugmore tops and Ben Bury...

Track
Scarr ridge from Trooperstown Carpark
simon3 4 days ago.
A different place to start from to reach Scarr with a lot of car-parking. Return uses Wicklow Way in part. walk, Len: 14.2km, Climb: 498m, Area: Dublin/Wicklow (Ireland) Scarr

  
Summit Comment
Topped Mountain: Short & simple
Colin Murphy a week ago.
A simple little Binnion to climb (the name Topped 'Mountain' is a bit of a stretch). A gravel path & steps from a carpark will see you reach the top in about 15 minutes, and you won't even need yo...

  
Summit Comment
Crockmulroney: Good summit for Carn-baggers
Colin Murphy a week ago.
A fine hill with a well defined summit and great views. Plenty of parking spots along the R254 directly to the south of the summit. From there it's a relatively simple 1km climb to the top.

Summit Comment
Oileán Mhuighinse: Galway Island
sandman a week ago.
For the walkers who may not wish to visit the summit area a photo of same.

  
Forum: General
Downloading Tracks
tomodub a week ago.
Hi Simon3.Success - thank you again all worked out this time.Best wishes,Tomodub

  
Track
Near Ring Hill, Shannon (Ireland)
mlmoroneybb a week ago.
Caption walk, Len: 1.3km, Climb: 158m, Area: Ring Hill, Shannon (Ireland) Ring Hill


RECENT CONTRIBUTIONS 1 2 3 .. 21 Next page >>