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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 .. 27 Next page >>
Track
Omey Island
Onzy 3 hours ago.
A circuit of Omey ... cut short by my fear that may car wouldn't make it back across the sound... walk, Len: 5.6km, Climb: 60m, Area: Galway Islands (Ireland)

  
Track
Short Loop north of Omey
Onzy 3 hours ago.
walk, Len: 2.1km, Climb: 33m, Area: Galway Coast (Ireland)

  
Track
Coastal Walk noth of Cleggan
Onzy 3 hours ago.
A spectacular walk circling the peninsula immediately north of Cleggan ... a detour to Olivers for lunch and a fast coun walk, Len: 22.5km, Climb: 386m, Area: Galway Coastal Hill (Ireland)

Summit Comment
Scarr: A walk in the clouds.
TommyV a day ago.
This route starts on an old forest road at Oldbridge, there is room for parking 5 or 6 cars near the top at O15162 01916. From here follow the road West until you reach a gate at O14832 01892. Go ...

  
Summit Comment
Camaderry South East Top: Glenealo Valley and Miners Village
sev 2 days ago.
Glenealo Valley and Miners Village - view from south slope of Camaderry South East Top (Aug. 2010)

  
Summit Comment
Camaderry South East Top: Glendalough Upper Lake
sev 2 days ago.
Glendalough Upper Lake and the valley - view from south slope of Camaderry South East Top (Aug. 2010)

Summit Comment
Seefin: "Megalithic Fallout Shelter"
sev 2 days ago.
Wicklow Mountains - Megalithic tomb on Seefin Mt.http://youtu.be/u--BKEqB-JM

  
Summit Summary
Skregmore: Incidental summit in the Reeks
Collaborative entry Last edit by: Peter Walker 3 days ago.
Much climbed but little remembered, Skregmore is a victim of its location. One of the highest summits in Ireland but adjacent to still higher tops, impressively rocky but still far less dramatic t...

  
Track
Near Slieve Foye North-West Top, Cooley/Gullion (Ireland)
Gus 5 days ago.
Tough ascent from the carpark, but once on the ridge is reasonably easy with an identifiable track. On the return kee... walk, Len: 8.7km, Climb: 413m, Area: Slieve Foye North-West Top, Cooley/Gullio

Summit Summary
Cnoc an Bhráca: The last hurrah of the high Reeks
Collaborative entry Last edit by: Peter Walker 4 days ago.
Cnoc an Bhráca, together with its near neighbour Cnoc na DTarbh, are the last (relatively) high summits along the great ridge of the Eastern Reeks; beyond here the ground gradually declines to the...

  
Track
Wicklow: Cullentragh Mountain
Onzy a week ago.
Easiest route to an hill that is really just a point on the way to Mullacor and beyond ... run, Len: 5.0km, Climb: 185m, Area: Cullentragh Mountain, Dublin/Wicklow (Irela...

  
Summit Summary
Tievnabinnia: Bulky Sheeffrys summit
Collaborative entry Last edit by: Peter Walker 5 days ago.
Tievnabinnia is the easternmost of the higher Sheeffry Hills, a distinctly bulky eminence where gently grassy upper slopes contrast with a series of steep corries to both north and south of its ge...


RECENT CONTRIBUTIONS 1 2 3 .. 27 Next page >>