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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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Track
Easy, Dry Seefin Family Friendly route
Bunsen7 16 hours ago.
The first time I went up Seefin I followed a track from the west. It was wet, mucky and not at all family friendly.Thin... walk, Len: 6.3km, Climb: 350m, Area: Seefin, Dublin/Wicklow (Ireland) Seefin

  
Track
Hillbaggers only
Bunsen7 17 hours ago.
Just in case any of you drive past this looking for a route to this spot, and decide to go elsewhere, you have no excu... walk, Len: 1.1km, Climb: 44m, Area: Slieveroe, Dublin/Wicklow (Ireland) Sliev

  
Track
Near Collon Hill, Dublin/Wicklow (Ireland)
JoHeaney a day ago.
walk, Len: 8.2km, Climb: 223m, Area: Collon Hill, Dublin/Wicklow (Ireland) Coll...

Summit Comment
Brougher Mountain: A quick bag.
TommyV a week ago.
Nothing much to add to the comments already. Drove most of the way up from the North side of the hill to within 450 metres of the trig point. Nothing to recommend to anybody who is looking to get ...

  
Summit Comment
Belmore Mountain: A standing stone gathers all moss.
TommyV a week ago.
As mentioned by Harry Goodman, it's possible to drive along Belmore forest for almost two kilometers as far as a black forestry gate. There is also a standard gate here on the right giving access ...

  
Summit Comment
Croghan Hill: Broken Trig Pillar to be replaced
TommyMc a week ago.
The recent damage to the Croghan Hill trig pillar is covered in an article in this week's Offaly Independent. The good news is that Offaly County Council plans to replace the damaged pillar to its...

Summit Comment
Slievereagh: To drive or not to drive?
TommyV a week ago.
Geo's directions are spot on. At the aforementioned Coilte forest entrance there is a sign staing no unauthorized vehicles beyond this point as the gate may close at any point. However as the Lazy...

  
Summit Comment
Bruse Hill: Bruse Summer 2017
TommyMc a week ago.
Since a big gorse fire in 2016, this hill is once more easily accessible to casual walkers and has been widely visited this summer. An easy approach is possible by taking the L6636 minor road off ...

  
Summit Comment
Seefin Mountain W Top: Two summits one hike.
TommyV a week ago.
Nothing to add to the directions provided by melohara. Just to mention two things, the parking place was littered with close to a hundred empty beer cans, it looks like there was a party there or ...

Track
Near Barranisky, Dublin/Wicklow (Ireland)
JoHeaney a day ago.
walk, Len: 6.4km, Climb: 170m, Area: Barranisky, Dublin/Wicklow (Ireland) Barra...

  
Summit Comment
Knocknaskagh: The fast and the furious.
TommyV a week ago.
Knocknaskagh is a fairly prominent hill in North Cork. It's possible to access via a Coilte forest entrance on the South East side mentioned by jackill. After about 500 metres, there is a smaller,...

  
Summit Summary
Camlough Mountain: Army Dreamers
Collaborative entry Last edit by: Peter Walker 2 weeks ago.
Relatively recent history has liberated Camlough Mountain from the bonds of the military: some metallic paraphernalia remains high on its slopes but if one puts that aside it's a cracking little e...


RECENT CONTRIBUTIONS 1 2 3 .. 26 Next page >>