Old public right of way blocked?

gfellow

Please forgive if this issue has already been addressed. I did a search and could find no comments on this subject, so - although I'm just a dumb American visitor, I'll give you my two cents worth.
***Removed picture due to size - see pictures further down***
I was here in '07 for a few days, and my local friends took me to the beautiful Daugh Island beach, complete with wonderful geological features and walk-through caves. Upon my return in '10, I could not bit help notice that the path I had walked in the past had been recently fenced off. I am sure many of your readers know the stretch of land I am referring to. The public now has to circumvent the fence to get to the beach. Furthermore, the fence is braced outwards at the corners with barbed wire and could be all but invisible to the unwary traveler in twilight; its is a nasty accident waiting to happen.
My question: Is the fencing off of what was obviously a long-time public path legal?
I am sure the laws of our two countries differ, but in the US there is precedent for keeping public paths open, even is owned privately if the path has been in public use for some time. Just wondering if the same is true here in Ireland - and I am SO enjoying this beautiful part of the country! Thanx.

mrmac

Sorry gfellow, but I cannot see your picture.
Two things you can try: firstly, do not post a picture that is wider than 800 pixels, and second, double check the link you use to insert the picture.

HTH.

Treora

The easiest way to stop a right of way blockage is to PM a local Greenie in Donegal on boards. If you cannot find any you will have to google them as they alledgedly split from the main party.

Alternatively you can group email all the local councillors for that district (should be easily trackable from the local authority website) and cc: a few local and national newspapers and some international green/walkers forums/sites/organisations. Remember to ask "why is the coucil reducing tourism to this beach. I for one will be telling all my friends on 'trip advisor' to avoid Ireland as Donegal is fencing off their beaches. - Mr. Smith, local community leader for xxxxx, CA, USA "

Throw up the picture on google earth/maps, bing maps... with the tag "Donegal fences off their beaches". Attach the links to the email.

It should be like an elastic band snapped to their ass.


You could do it the long way, but this is more efficient.:p

mikemac

Write to the local paper, include pics.
They will definitely publish a story on this.

gfellow

Sorry - thought the picture was smaller. Here is a repost with better pictures...
****
Please forgive if this issue has already been addressed. I did a search and could find no comments on this subject, so - although I'm just a dumb American visitor, I'll give you my two cents worth.

I was here in '07 for a few days, and my local friends took me to the beautiful Daugh Island beach, complete with wonderful geological features and walk-through caves. Upon my return in '10, I could not but help notice that the path to the beach I had walked in the past had been recently fenced off. I am sure many of your readers know the stretch of land I am referring to. The public now has to circumvent the fence to get to the beach. Furthermore, the fence is braced outwards at the corners with barbed wire and could be all but invisible to the unwary traveler in twilight; its is a nasty accident waiting to happen.
My question: Is the fencing off of what was obviously a long-time public path, legal?
I am sure the laws of our two countries differ, but in the US there is precedent for keeping public paths open, even private property if the path has been in public use for some time. Just wondering if the same is true here in Ireland - and I am SO enjoying this beautiful part of the country! Thanx.

Domscard

Please forgive me for being 'dumb' now, but where abouts is Daugh Island beach?

muffler

Domscard wrote: »

Please forgive me for being 'dumb' now, but where abouts is Daugh Island beach?

That would be Doagh Island

gfellow

Domscard wrote: »

Please forgive me for being 'dumb' now, but where abouts is Daugh Island beach?

Sorry - like I said, I'm a dumb yank....Doagh Island beach

Domscard

Ooops, should have known it was that

muffler

gfellow wrote: »

My question: Is the fencing off of what was obviously a long-time public path legal?
I am sure the laws of our two countries differ, but in the US there is precedent for keeping public paths open, even is owned privately if the path has been in public use for some time.

Donegal County Council would be responsible for public Right of Ways. Perhaps you could write to them or contact by email.

Alternatively you could contact one of the local councilors (public representatives) - see list here

the_syco

gfellow wrote: »

Is it just me, or does that look like fencing to keep sheep in? Matbe to stop the sheep from getting to the beach, or falling off any cliffs nearby?

tmcw

The second picture looks like it has some type of cairn in it. Or maybe not. Might be just a jumble of random rocks.

gfellow

the_syco wrote: »

Is it just me, or does that look like fencing to keep sheep in? Matbe to stop the sheep from getting to the beach, or falling off any cliffs nearby?

Well, not that I can see. The slope to the beach is pretty tame. Besides, it's a little beside the point. If anyone could enclose a public path reasoning that their livestock would wonder away, there would be very few public paths in existence.

the_syco

gfellow wrote: »

Well, not that I can see. The slope to the beach is pretty tame. Besides, it's a little beside the point. If anyone could enclose a public path reasoning that their livestock would wonder away, there would be very few public paths in existence.

Although I do agree with your point, I'm wondering was it a public path, or a route people took? If the former, it should still be open, but if the latter, there's no onus on the farmer to recognise it.

Senna

I remember this being discussed before, dont take this as gospel, but a path on private property must be kept open if it is used to get to a certain area. The landowner can apply for the path to be closed, but cannot close it without applying first.
Fencing can be erected but must have means for people to continue to use the path, i.e. gate.
All rights of way are the responsibly of the local authorities, DCC in this case.

high heels

From your photos it looks like there is no path made out ( no grass like a trail or track)

So to me it looks like there is no track there so just go around.. the farmer doesent want you on his land so go around..
And the thing about the wires to keep the corner post up is legal... Its ok us Irish know not to sue if we fall over somthing.. Its your own fault if you are in the twilight with out a torch.

danniemcq

Did you not just climb over it? I know that can be frowned upon but do it close to them posts (especially that corner one)

I think the best thing the owner of that fence can do is put in one of them wee fence stiles thing so people can step over it without damaging it

ednwireland

probably reps and couldnt be bothered putting a gate in ? farmer prob. doesnt need one

the_syco

Senna wrote: »

I remember this being discussed before, dont take this as gospel, but a path on private property must be kept open if it is used to get to a certain area.

Yes and no. A path through private property that goes somewhere, for example; a graveyard, there has to be a right of way that the public can get to it. But, some beaches are seen as part of the farmers land, and thus the farmer doesn't have to give right of way to his own land to strangers.

homer simpson

high heels wrote: »

..... Its ok us Irish know not to sue if we fall over somthing.. Its your own fault if you are in the twilight with out a torch....

Jeepers Creepers (couldn't resist an americain Cuss ) calm down, dont tar everyone with the one brush im sure not all of our americain visitors fall over things on purpose, with the aim of getting a claim in. thats like saying everyone in ireland is a boy racer sur, Diff her out!!!

Meatmonger

This was only brought to my attention and as u can see am only new to this site. I be in Doagh quite a lot and along with Inishowen is one of the most beautiful parts of Ireland and scenery that is world class, not to mention the geology & history that is facinating.

Will try find out if fencing is a sheep issue or other issue. There are plenty un-fenced options, so don't let that put you off. Will be back with more soon.

Graces7

Rights if way in Ireland are a fraught issue where farmland is concerned.

In Mayo, Moyne Abbey is reached across farmland, for example. it is a right of way, no real path though.

So he has a HUGE notice up BEWARE OF THE BULL.

When I was there I was determined to get to the ruins so braved it; no bull of course.

Later I spent a couple of hours guiding other visitors across the field.

saw another similar ploy here in Donegal yesterday also

They solved this out at Glencolumcille at the ring fort, by fencing in the concrete path and gating each end so the sheep could not be let out.

Farmers here are VERY territorial indeed.