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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
Look out for easy path to summit from forest track.
Bunsen7 an hour ago.
Largely replicating track 1291, but showing the trail now going eastwward from the summit to T23444 94039.Views were ... walk, Len: 6.4km, Climb: 304m, Area: Carrick Mountain, Dublin/Wicklow (Ireland

  
Summit Comment
Carrick Mountain: If I got there quicker than you it's because I was...
Bunsen7 2 hours ago.
Visited on a beautiful, mild sunny day in Dec 2017. Parked at the forest entrance at Ballylusk as suggested by Track 1291, which I followed. Also had the benefit of the East-West Mapping East Wick...

  
Summit Comment
Ben of Howth: Here's to Howth!
Bunsen7 a day ago.
Having made my first proper visit there this afternoon and doing the Purple "Bog of Frogs" waymarked route (anti-clockwise with the detour to the Ben early in the walk), I found myself marvelling ...

Track
'Off-Grid' in Arctic Sweden: Trekking the Dag Hammarskjöldleden
mcrtchly a day ago.
We first visited Arctic Sweden in September 2016 and walked the middle section of the Kungsleden trail (MV track 3332). walk, Len: 110.7km, Climb: 1726m, Area: Sweden, Norrbotten ()

  
Summit Comment
Spinans Hill SE Top: Brissels or Brussels
Bunsen7 2 days ago.
Climbed both hills on 16/12/17, following the main route described by others here on MV.The forestry between the tops has thinned out a little (or so it seems by reference to previous comments) an...

  
Track
Glen o' the Downs Wood
jgfitz a day ago.
This woodland track can be accessed directly from N11 heading South. After Exit 9, there is a road sign for Glen o' the walk, Len: 5.9km, Climb: 183m, Area: Dublin/Wicklow (Ireland)

Summit Comment
Cloghnagaune: There must be an easier way!
Bunsen7 2 days ago.
This is a rather painful hill to summit from the obvious parking spot at the forest entrance to the south east. Following where others have gone I found myself wading through head high gorse to at...

  
Track
Cloghnagaune Summit and Stone Circle
Bunsen7 2 days ago.
This is a rather painful hill to summit from the obvious parking spot at the forest entrance to the south east. Follow... walk, Len: 4.0km, Climb: 144m, Area: Cloghnagaune, Dublin/Wicklow (Ireland) C

  
User profile
IainMiller
IainMiller 3 days ago.
A rock climber, hillwalker and guidebook author living, working and playing on the sea cliffs, sea stacks, mountain ranges and uninhabited islands of County Donegal. http://uniqueascent.ie/sea_sta...

Summit Comment
Roaninish: Roan Inish
IainMiller 3 days ago.
Roan Inish (Roaninish) is a low lying storm lashed small archipelago comprising five main islands and a large collection of tidal skerries. The islands are reasonably remote being 4 KM from the ne...

  
Track
The Beara-Breifne Way Day7
mlmoroneybb a week 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 Comment
Inishbarnog: Roan Inish
IainMiller 3 days ago.
Roan Inish (Roaninish) is a low lying storm lashed small archipelago comprising five main islands and a large collection of tidal skerries. The islands are reasonably remote being 4 KM from the ne...


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