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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 .. 19 Next page >>
Track
Beinn Ghobhlach
Peter Walker an hour ago.
Beinn Ghobhlach by evening lightWhen you're told that you can do a walk in the morning if you're quick because your o... walk, Len: 10.9km, Climb: 739m, Area: Beinn Ghobhlach, Loch Maree to Loch Broo

  
Track
Suilven
Peter Walker 19 hours ago.
I first read about Suilven when I was about 11. It was in some British geographical gazetteer, a stern washed-out pict... walk, Len: 24.0km, Climb: 1029m, Area: Lochinver to Ullapool (Britain) Suilve

  
Summit Comment
Slieve Elva: Fantastic scenery
Damian120 23 hours ago.
A stunning walk going up over Slieve Elva that you can begin and end end at Fanore Beach. Some great locations along the Caher River to stop and relax and watch the water gently flowing downstream...

Track
Maumtrasna Plateau via Dirkbeg and Buckaun Spurs
Onzy a day ago.
Route to the Mauntrasna plateau using the Dirkbeg spur for ascent and the Buckaun for descent. walk, Len: 10.8km, Climb: 535m, Area: Maumtrasna North-East Top, Partry/Joyce C...

  
Forum: General
Lough Oular From Tonlagee
tomlug48 a day ago.
A beautiful July day on the summit of Tonlagee. Gazing down at the beautiful heart shaped Lough Oular.Tom Barragry & the Lugs .

  
Summit Comment
Knockannavea: Nice views to be had
csd a day ago.
While not very challenging, recent felling means the views along the way and from the summit are pleasant enough. A nice spot for a lunchtime walk.

Track
Picos de Europa
peter1 2 days ago.
I can say with certainty three things: the ascent was not 3266m, given the peak is only 2503m; secondly, I will be back walk, Len: 13.9km, Climb: 3266m, Area: Spain, Cantabria ()

  
Summit Summary
Knocknabro East Top: Drought made difficult ground trek possible
Collaborative entry Last edit by: CaminoPat 3 days ago.
Knocknabro East Top is best climbed as part of a good loop walk, taking in the West and North-East tops of Knocknabro. This summit is best reached firstly via Knocknabro West Top and then onto the...

  
Track
Sail Mhor
Peter Walker 4 days ago.
After a week of blazing sunshine in the Peak District overwhelmingly spent swimming in the pool, lazing by the pool a... walk, Len: 11.3km, Climb: 833m, Area: Sail Mhor, Loch Maree to Loch Broom (Bri

Summit Summary
Knocknabro North-East Top: NE Top Revealed
Collaborative entry Last edit by: CaminoPat 3 days ago.
This summit is best reached via Knocknabro West Top. Park at laneway to old farmhouse now in ruin at W15905 83498. Room for 1-2 cars to park. Climb gate at entrance and follow post and wire fence ...

  
Forum: General
.Lough Oular from Tonlagee
tomlug48 2 days ago.
A beautiful July day on the summit of Tonlagee. Gazing down at the beautiful heart shaped Lough Oular.Tom Barragry & the Brothers of the Lug.

  
Track
Coastal Dublin - Donabate to Malahide
Onzy 4 days ago.
Circuit of Broadmeadows Estuary from Donabate to Malahide walk, Len: 12.9km, Climb: 115m, Area: Dublin Islands (Ireland)


RECENT CONTRIBUTIONS 1 2 3 .. 19 Next page >>