Landowner wins right-of-way case

The High Court has found there is no public right-of-way on the property of a Co Wicklow land owner as had been claimed by a local walking association.

The landowner, Joseph Walker, sought a declaration that around 500 metres of his property at Annacrivey, Enniskerry, was not subject to any such right-of-way following a lengthy dispute between him and members of the Enniskerry Walkers Association (EWA).

Today, Mr Justice John MacMenamin ruled the route is not a public right-of-way.

The judge said his order applied to the chairman and secretary of the EWA, the defendants, but did not apply to others as Mr Walker never sought to join other people as parties to the case.

What had been sought here was a simple declaration the route was not a right of way. Were the court to grant a general injunction, different considerations might arise if third parties ignored the court order or assisted in the breach of that order, he said.

The judge also said he would not grant an order which would apply to the land itself. The rights which he was determining were only those between the parties to this case and "perhaps" to any person privy to the interests of the parties.

The judge also said the evidence before the court was insufficient to allow him grant an injunction against possible threatened acts. There was no evidence of any proven risk of substantial danger or repeated trespass on the land, he said.

The judge adjourned the question of costs for four weeks.

The action was against EWA chairman Niall Lenoch, Monastery Grove, Enniskerry and secretary Noel Barry, of Monastery, Enniskerry.

They were described as "leading members" of the EWA, formed to agitate for and promote the opening up of old roads and rights of ways for the benefit of the public.

The association, it was claimed, was part of a wider political movement to open up Ireland and its roads for the people.

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.

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. 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. He did allow some shooting on the land, but those using it had to seek permission first, he added.