Register to Comment
Page 1 of 13 123 11 ... LastLast
Results 1 to 10 of 129
Like Tree58Likes
  1. #1
    Impartial_Eclipse Impartial_Eclipse is offline

    Join Date
    Jul 2011
    Posts
    2,147

    Landowner wins right-of-way case

    The High Court has ruled that no public right-of-way exists over the lands of a Wicklow landowner, Joseph Walker, in the Glencree Valley in Enniskerry, Co Wicklow.

    However, the judge said his order applied only to the chairman and secretary of the Enniskerry Walkers Association (EWA), the defendants, and did not apply to others as Mr Walker never sought to join other people as parties to the case.

    The defendants said there had been 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. They also claimed there was evidence of the road on maps from 1760 onwards and reference to the road was contained 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 and he believed the EWA campaign had led to trespassers gaining access to his land, he said. He claimed he was besieged and intimidated because of the actions of the defendants in agitating for a public right of way.

    Mr Walker, a chartered accountant, told the court his father had purchased the lands in 1945 and had farmed it 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 didn't wander onto it that much and it would upset his father if he saw people using it for recreational use.

    Sources:
    1. Wicklow landowner wins right-of-way case - RT News
    2. Landowner wins right-of-way case - The Irish Times - Wed, Feb 08, 2012
    Sign in or Register Now to reply

  2. #2
    Elmo_loves_you Elmo_loves_you is offline

    Join Date
    Apr 2010
    Posts
    53

    Quote Originally Posted by Impartial_Eclipse View Post
    People didn't wander onto it that much and it would upset his father if he saw people using it for recreational use
    can't see this being a problem considering he died in 1980.
    Sign in or Register Now to reply

  3. #3
    Analyzer Analyzer is offline
    Analyzer's Avatar
    Join Date
    Feb 2011
    Posts
    26,576

    Considering the size of the Coillte forests, you have to wonder why these people made such a big issue of this.

    Yet another reason not to allow Coillte to be privatized, as we the people are the owners.

    Sell Pravda instead (before it becomes worthless).
    Sign in or Register Now to reply

  4. #4
    former wesleyan former wesleyan is offline
    former wesleyan's Avatar
    Join Date
    Nov 2009
    Posts
    17,263

    It's virtually illegal to peer over a gate without a landowner asking what you're doing. Bad form imho.
    Sign in or Register Now to reply

  5. #5
    Impartial_Eclipse Impartial_Eclipse is offline

    Join Date
    Jul 2011
    Posts
    2,147

    Quote Originally Posted by Elmo_loves_you View Post
    can't see this being a problem considering he died in 1980.
    The point being made is that between 1945 and 1980, there was no history of local people insisting on a right of way. The implication is that this "Enniskerry Walkers' Association" came up with a rather spurious claim based on maps that are roughly two and a half centuries old.
    Sign in or Register Now to reply

  6. #6
    The Field Marshal The Field Marshal is offline
    The Field Marshal's Avatar
    Join Date
    Aug 2009
    Posts
    27,501

    Quote Originally Posted by Impartial_Eclipse View Post
    The point being made is that between 1945 and 1980, there was no history of local people insisting on a right of way. The implication is that this "Enniskerry Walkers' Association" came up with a rather spurious claim based on maps that are roughly two and a half centuries old.
    Now that the so called "Enniskerry Walkers' Association" has lost its case in court it is clear that the right of way claim was spurious.

    [Some people would just walk all over you given half the chance]
    Sign in or Register Now to reply

  7. #7
    drummed drummed is offline
    drummed's Avatar
    Join Date
    Oct 2010
    Posts
    30,357

    Quote Originally Posted by former wesleyan View Post
    It's virtually illegal to peer over a gate without a landowner asking what you're doing. Bad form imho.
    I'll be round to peer into your garden later.
    What part of "private property" don't you understand?
    Sign in or Register Now to reply

  8. #8
    EvotingMachine0197 EvotingMachine0197 is offline
    EvotingMachine0197's Avatar
    Join Date
    Feb 2006
    Posts
    13,941

    I was looking at this earlier and trying to identify the location of the issue on the historical 6inch and 25 inch OSI maps, but to no avail.

    The Wicklow Way passes through here, down to the Glencree River and on to Crone Wood, so I was curious of the precise location.

    Anyone know?
    Sign in or Register Now to reply

  9. #9
    Desperate Dan Desperate Dan is offline

    Join Date
    Oct 2010
    Posts
    7,568

    The problem is these yuppy hill walkers, want to be able to walk over anyone's land, and have the land owner held responsible for any injuries that might happen when on the farmers land. These clowns should get a life.
    Sign in or Register Now to reply

  10. #10
    drummed drummed is offline
    drummed's Avatar
    Join Date
    Oct 2010
    Posts
    30,357

    [QUOTE=former wesleyan;4921024]The peasant Irish version.

    Here's the 2004 updated Scottish version of access rights. From everything I've seen
    more people visit Scotlands outdoors ( as opposed to pubs and craíc ) than they
    do Irelands.
    Where and when you can exercise access rights

    2.2 Everyone, whatever their age or ability, can exercise access rights over
    most land and inland water in Scotland, at any time of day or night, providing they
    do so responsibly2. These rights do not extend to all places or to all activities
    (see paragraphs 2.11 to 2.15). Provided you do so responsibly (see Parts 3 and
    5 of the Code), you can exercise access rights in places such as:
    As mentioned earlier the insurance is the problem. Much of scotland is not farmland.
    Sign in or Register Now to reply

Page 1 of 13 123 11 ... LastLast
Sign in to CommentRegister to Comment