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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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Summit Comment
Cupidstown Hill: Enhance this with a visit to Oughterard
Bunsen7 2 days ago.
Yes, perhaps this is not a very noteworthy hill. Cupidstown and Saggart Hill represent largely forest topped outliers of the Dublin/Wicklow range split from higher summits to the East by the N81. ...

  
Summit Comment
Knockowen: October 2016
davsheen 2 days ago.
View of the impressive Glanrastel valley from the side of Knockowen

  
Track
Near South Cork (Ireland)
sean_debarra 2 days ago.
walk, Len: 0.8km, Climb: 15m, Area: South Cork (Ireland)

Summit Comment
Cloghernagh: Picture
davsheen 2 days ago.
Cloghernagh Walk Nov 2016

  
Track
Route to Claggan NE Top
Onzy 4 days ago.
walk, Len: 8.0km, Climb: 2m, Area: Claggan Mountain NE Top, North Mayo (Ireland...

  
Summit Summary
Robber's Pass Hill: Minor heathery lump. Overcivilised and underwhelming.
Collaborative entry Last edit by: simon3 a week ago.
This oddly named hill is more a very minor heathery bump incorporated into the system of tracks laid out by the Wicklow Mountains National Park. It can be reached from any of the western car-parks...

Track
Slievemore Circuit
Onzy 4 days ago.
Route over Slievemore descending over rough grouns to the SE for variety. walk, Len: 8.1km, Climb: 639m, Area: Slievemore, Achill/Corraun (Ireland) Sliev...

  
Summit Comment
Farbreague: from Arderin
ewen a week ago.
Walked to Farbreague from Arderin. There is a track that some kind soul has marked with sticks and ribbon. When I say track, it is really a worn down trough in the bog.The multicoloured pipe at th...

  
Summit Comment
Tonelagee: Fore!!!
ewen a week ago.
Did from the Wicklow gap car park following track 2378.This starts immediately opposite the top entrance to the car park next to the main road. 5 days before there had been snow but now the path w...

Summit Comment
Brandon Hill: Grand on Brandon!
MountainBoy a week ago.
Me and my Dad climbed this from the farm track off the Graiguenamanagh-Instioge road on 26/11/16. Right after we got out of the car, we were faced with the dilemma of whether to go straight ahead ...

  
Summit Comment
Croaghmoyle: Easy walk up to great views
Fergal Meath a week ago.
Low lying cloud/mist/fog discouraged me from putting the effort into going up Nephin today. On the way home I parked at the start of the Croaghmoyle service road and followed it past a wind turbin...

  
Forum: General
Slieve Binnian - more track work ?
gernee a week ago.
Revisited Slieve Binnian for the first time in years on Friday - frost underfoot, blue skies and rolling mist contributed to a great walk, despite disappointment at seeing some of the track work u...


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