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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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Summit Comment
An Cnoc Fada: The majesty of the Poisoned Glen in the snow
mcrtchly 2 days ago.
A snowy day gives a different perspective on the Poisoned Glen and Crockfadda. This photo was taken with a 500mm lens at a distance of 1.5km from the Scared Heart Church and 8km from the the Poiso...

  
Summit Comment
Tomies Mountain: Light on Tomies and Purple
davsheen 2 days ago.
Tomies and Purple in the Light from Muckross

  
Summit Comment
Derrygarriff: Free as a bird
Colin Murphy a week ago.
We were lucky to see a white tailed eagle gliding gracefully over Eirk Lough before before coming to rest on a rock, which provided the opportunity to capture a pic of the rarely seen bird of prey...

Summit Comment
Foardal: Beyond a shadow of a doubt
Colin Murphy a week ago.
The French writer Maupassant used to say he had lunch in the Eiffel Tower every day because it was the only place in Paris that he couldn't see the thing. A similar view might be taken of Foardal,...

  
Track
The Beara-Breifne Way Day 6
mlmoroneybb 5 days ago.
Thanks to all for making the weekends on the Beara-Breifne Way so special. We have completed 187Km in 7 Day?s walking walk, Len: 30.3km, Climb: 781m, Area: Paps/Derrynasaggart (Ireland)

  
Track
The Beara-Breifne Way Day5
mlmoroneybb 5 days ago.
Day 5 we set out for Ballyvourney where some of us put our cupla focail to good use. Along this trail we came across man walk, Len: 23.4km, Climb: 483m, Area: Shehy/Knockboy (Ireland)

Summit Summary
Foardal: Simple approach from NW
Collaborative entry Last edit by: Colin Murphy a week ago.
If you want to do this in isolation, the simplest route is from the car park at V882790, and then heading SE directly up the heathery slope for 1km. The summit itself is a broad heathery mound.

  
Forum: General
Hillocks
BleckCra a week ago.
Simon. Himself is the well known to some, Bernard Hill. Less well known of course are hills to do with ants, except to some. Keep er lit though. At least some sort of discussion and of course only...

  
Track
The Beara-Breifne Way Day4
mlmoroneybb 5 days ago.
The Saturday trek started in the scenic village of Glengarriff. From here a short boat trip brought some of our members... walk, Len: 27.5km, Climb: 783m, Area: Shehy/Knockboy (Ireland) Foilastookeen

Forum: General
Enjoy your trip
BleckCra 5 days ago.
The first flurry of snow here in Armagh. A biting wind. Antenna whiskers taste the chill air and the prospect of picture postcard winter days. In no time at all, the Cairngorm Mountain Rescue will...

  
Track
The Beara-Breifne Way Day7
mlmoroneybb 5 days ago.
On Sunday, we were not attacked by the MacCarthys of Drishane Castle but started our walk on the O?Keefe Booning Castl walk, Len: 27.7km, Climb: 362m, Area: Paps/Derrynasaggart (Ireland)

  
Summit Summary
Derrygarriff: Fine summit, easily reached.
Collaborative entry Last edit by: Colin Murphy a week ago.
There are access issues around Moll's Gap, so suggest starting at car park at V882790 and proceeding up the heathery slopes to Foardal - about 1km to the SE, before walking the 1.5km to the SW to ...


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