Fermanagh And Omagh District Council v O'Neill & Ors [2022] NICty 3 (24 November 2022)

Fermanagh And Omagh District Council v O'Neill & Ors [2022] NICty 3 (24 November 2022)

There was no evidence of dedication of the asserted route as a public right of way, nor any evidence of acceptance or user by the public. The plaintiff failed to prove the existence of a public right of way over the route.

Citation
[2022] NICty 3
Parties
Plaintiff: Fermanagh and Omagh District Council; Defendants: Gerard O’Neill and Others
Jurisdiction
Northern Ireland
Judgment Date
24 November 2022
Procedural Posture
Civil / Trial Judgment
Outcome
Plaintiff's application dismissed
Legal Topics
Public Rights of Way, Dedication and Acceptance, Access to the Countryside (northern Ireland) Order 1983
Property Law Administrative Law Public Rights of Way Dedication and Acceptance Access to the Countryside (northern Ireland) Order 1983

Case Brief

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Parties

Fermanagh and Omagh District Council

Plaintiff

Gerard O’Neill and Others

Defendants

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether a public right of way exists over the asserted route between Greencastle and Rousky under the Access to the Countryside (NI) Order 1983
  2. 2 Whether there was dedication of the route as a public right of way and acceptance by the public

Ratio Decidendi

There was no evidence of dedication of the asserted route as a public right of way, nor any evidence of acceptance or user by the public. The plaintiff failed to prove the existence of a public right of way over the route.

Court Disposition

Plaintiff's application dismissed

Orders

  • Plaintiff's application is dismissed.