Doherty -v- Long & Anor [2013] IEHC 189 (21 March 2013)

Doherty -v- Long & Anor [2013] IEHC 189 (21 March 2013)

The evidence did not establish continuous, as-of-right use of the lane accommodating the defendants’ lands sufficient to create a private right of way by prescription or lost modern grant. Use was sporadic, lacked detail, and did not benefit the dominant tenements as required by law. No right of way exists over the plaintiff’s lands for the benefit of the defendants.

Citation
[2013] IEHC 189
Parties
Plaintiff: John Doherty; First Defendant: Robert (Bertie) Long; Second Defendant: Peter Hartin
Jurisdiction
Ireland
Judgment Date
21 March 2013
Procedural Posture
Equity Civil Bill / Appeal From Circuit Court; High Court Judgment
Outcome
Plaintiff's claim allowed; defendants' counterclaim dismissed
Legal Topics
Right of Way, Easements, Prescription, Lost Modern Grant, Injunctions
Property Law Equity Right of Way Easements Prescription Lost Modern Grant Injunctions

Case Brief

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Parties

John Doherty

Plaintiff

Robert (Bertie) Long

First Defendant

Peter Hartin

Second Defendant

Procedural Posture

Equity Civil Bill / Appeal From Circuit Court; High Court Judgment

Legal Issues

  1. 1 Whether a private right of way exists over the plaintiff’s lands for the benefit of the defendants’ lands
  2. 2 Whether any such right of way, if it existed, was abandoned

Ratio Decidendi

The evidence did not establish continuous, as-of-right use of the lane accommodating the defendants’ lands sufficient to create a private right of way by prescription or lost modern grant. Use was sporadic, lacked detail, and did not benefit the dominant tenements as required by law. No right of way exists over the plaintiff’s lands for the benefit of the defendants.

Court Disposition

Plaintiff's claim allowed; defendants' counterclaim dismissed

Orders

  • Permanent injunction restraining the defendants, their servants and agents from entering or trespassing upon or interfering with the plaintiff’s lands in Folio 22454F, Co. Donegal
  • Costs awarded to the plaintiff in this court and the court below