Route over lands was not public right of way.

By: Mark Tottenham BL, on May 28th, 2012

Walker v. Leonach [2012] IEHC 24 (High Court, MacMenamin J, 8 February 2012)

High Court grants declaration as against defendants that a route over the plaintiff’s lands was not a public right of way.

Easement - public right of way - defendants members of walking association - publication of information concerning alleged public right of way over lands - lengthy hearing of action - whether necessary to obtain fiat or permission from Attorney General to bring public interest litigation - establishment of public right of way - distinction between establishment by prescription and by dedication - animus dedicandi - whether owner must have been aware that public were acting under the belief that the way had been dedicated and had taken to steps to disabuse them - evidence of neighbours and users of lands - old maps - single line shown on old maps - whether line was pathway or stone wall - whether route was public highway or estate track - lack of track on earlier Ordnance Survey maps - evidence of public user - tolerance of occasional trespass - whether lack of objection to hill-walkers arose from mere politeness - actions of owner following publication of pamphlet alleging right of way - whether injunction required as against defendants - declaration as to rights - whether plaintiff entitled to judgment in rem.
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Stare Decisis Hibernia

Route over lands was not public right of way.

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