Dispute arose after farmer started construction of an underpass
The High Court ruled the roadway remains private, finding that neighbourly use was merely ‘tolerated or indulged’ by the landowner. Photo: Stock/Getty
A farmer has won a High Court legal battle protecting a 150-metre stretch of road running through his farmyard in Monaghan from being declared a public road.
Ms Justice Nessa Cahill ruled last week that Monaghan County Council failed to prove that the lane was either a public right of way or that it had been officially taken in charge, concluding that the roadway, created nearly 190 years ago, remains private.
