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Farmers to get "sweetener money" for not objecting to greenway.

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  • Registered Users Posts: 1,720 ✭✭✭Large bottle small glass


    https://www.lexology.com/library/detail.aspx?g=608712b2-e249-41a2-a539-a2983623f155


    The Irish Position

    In September 2007, a High Court case, Dunne v Iarnród Éireann and CIE, set out the test for determining whether a squatter had acquired the property by adverse possession in Ireland. In summary, the principles applied by the court were as follows:

    • is there a continuous period of 12 years during which the squatter was in exclusive possession of the lands in question to an extent sufficient to establish an intention to possess the land itself?, and
    • is any contended period of possession broken by an act of possession by the landowner? If so, time will only start to run when the act of the landowner terminates.

    The court qualified the second part of the test by holding that the sufficiency of the act of possession required for the landowner to break possession and wind the clock back to zero was a very low threshold. This would be satisfied by even the slightest of acts of possession on the part of the landowner. The court also accepted that the future intended use of the land by the landowner could not be relevant except perhaps as one of the indicators relevant to a bona fide held intention to possess, or lack thereof. In this case, the owner, CIE, had carried out works on part of the land and had at one stage reestablished fences between the lands and the neighbour's lands. The court found the actions to be sufficient to start the clock running again.



  • Registered Users Posts: 1,720 ✭✭✭Large bottle small glass


    Keep those gates shut




  • Registered Users Posts: 12,490 ✭✭✭✭Varik


    Only takes 1 adventurous cow try to cross or a few taking the wrong turn when being moved or chased by a loose dog. Then you've got an animal stuck and frantic who's either got a broken leg or about to have one when it tries to get out.

    The new type are safer and generally just better but even then you've got a trip hazard for people and a annoyance for anything with smaller wheels.



  • Registered Users Posts: 8,429 ✭✭✭Markcheese


    Yeah , it'd need to be backed up with gates , But for stock being moved across regularly and where you couldn't put an underpass it could be useful ... Cyclists especially kids could be an issue ... A series of turnstyle gates maybe .. ?

    Slava ukraini 🇺🇦



  • Registered Users Posts: 24,463 ✭✭✭✭breezy1985


    "The impact on farmers" you mean the ones who stole public land ?

    I have no problem with coming to a deal or rerouting if a farmer doesn't want a greenway on their land but FK the ones complaining about greenways on land they stole



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  • Registered Users Posts: 15,790 ✭✭✭✭whisky_galore


    That line was closed in an era where the course of the lifted line was divided into parcels and offered for sale by CIE to adjoining landowners, so not 'stolen' or 'squatted upon' as some commentators have it, to remove CIE's public liability and to ensure they would never be pressured into reopening. CIE had a huge, largely forgotten fight over the West Cork that got very personal.

    Following the 1960s mass butchering of the network someone woke up that at least some of these could possibly be reopened and put a stay of execution on closed/mothballed lines, that's why many of the later closures have only recently passed from or are currently in CIE ownership.

    To try and build a long distance greenway on the West Cork is a tad pie in the sky, so much time has passed large chunks have been totally obliterated for agriculture and buildings. Best case scenario short sections linked with bye roads is all that can be hoped for.



  • Registered Users Posts: 1,490 ✭✭✭hesker




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