There is a legal maxim “Once a highway/public right of way always a highway/public right of way..

The Old Dungarvan Road aka Boithrin na Lachan is 1200 metres long or 3/4 of a mile. It’s centuries old and was dedicated as a highway probably by the See of Lismore. If we look at the Griffith Valuation of the 1830s and 1840s we notice that all the lands along it were owned by the Odell landlords in Ardmore. The takeaway from this is that no landowner past or present dedicated the public right of way to the public as there was dedication and acceptance centuries before they became landowners when the lands was distributed under the 1881 Land Distribution Act.

A public right of way is an area in which members of the public are permitted to travel; however, not all public rights of way are located on public property. Often, this term refers to roads and paths located on private property. In these cases, the property owner owns the land on which the right of way is located. It is a function of Waterford City and County Council to undertake enforcement work to ensure the rights of way network is protected for use by the public and is safe to use.

 (1) For a public right of way to exist, there must be a right of passage for the public at large, not a section of the public.

(2) The right of passage must exist over a defined route, from The Pink House to Mortimer Lynch’s house at the junction of Bothair Aird and Boithrin na Lachan.

(3) The public have no legal interest in the land itself, but they do have a right to pass and repass along the route.

(4) A public right of way may exist over any particular route, but it is not a public road until it is taken in charge by the local authority under the Roads Act 1993. 

(5) It is important to note that the Local Authority has the function to protect the rights of the public to use public rights of way.

(6) The Local Authority can also bring an action under Section 73(11) of the Roads Act 1993 to protect the right of the public.

(7) It may arise from use from time immemorial or living memory (i.e there is no living person who can recall when the use began i.e. Lisaddell House case).

Obstruction/nuisance on a public right of way;

Anything that is placed in such a way as to reduce the width of a right of way is an obstruction even if a user could easily pass around it. i.e. an abandoned car.

It is a criminal offence to obstruct a public right of way.
Common Law:
The obstruction of the highway is a public nuisance. A nuisance is something that materially affects
the reasonable comfort and convenience of the public when exercising their lawful rights. To
commit a public nuisance is a crime at common law.

But where the highway has otherwise been made less commodious by a person’s acts, then a public nuisance will have been committed because there has been an interference with the right of the public to pass along it freely.

Protection of a public right of way:

In the context of public rights of way, it is important to note that the Local Authority has the function to protect the rights of the public to use public rights of way. The Local Authority can also bring an action under Section 73(11) of the Roads Act 1993 to protect the right of the public.

To real Curragh people Boithrin na Lachan is part of what we are, something worth fighting for, whether it is resolved by commonsense, Waterford City & County Council or the Land Registry or the Courts, to others it means nothing. There are over thirty folio numbers on Boithrin na Lachan save for two or three folio owners everyone respects everybody’s else right to pass and re-pass it over time, without hindrance and the erection of signs. Of course it goes without saying that there are two sides to every story and we would more delighted to add to the website for viewing and transparency or clarify any issue raised to our mutual satisfaction.
The attached maps shows Boithrin na Lachan as it meanders from Barrons The Pink House past Brodericks and Gradys, then in between Kate Healy’s and Bill Power’s, then in between Richie Troy’s and Deug Barron’s past Keane’s farmhouse and then joins the Bothair Aird south of Mortimer Lynch’s house. Another interesting point is that between Broderick’s and Gradys there was another right of way from their houses to Boithrin na Lachan as the R673 between Curragh Cross and Monea Cross was not built then. The maps and other items can be accessed by clicking on the Boithrin na Lachan menu link on the top menu. Boithrin na Lachan goes back to time immemorial and beyond living memory, it has seen the Act of Union in 1801, Catholic Emancipation in 1829, survived the famine in 1847, World War One 1914-1918, the War of Independence 1919-1921 when no Black and Tan stationed in Ardmore stood in the way of Curragh people crossing it. It has been said that there are more IRA medals in the West Waterford area than there are All-Ireland medals(21) in Urban Terrace on Rock Street in Tralee and we never forget our fallen hero in the Curragh Volunteer Declan Hurton. There are over thirty folio owners on Boithrin na Lachan, we all bar one or two respect the rights of the other folio owners on it, technically we own to the middle of the road but in keeping with the principles of public rights of way we respect each others right to pass and repass it.

In our new Independent state of 1924 it passes freely unhindered from Curragh East to Curragh West without tipping your hat to anyone and long before two acts of wanton vandalism were perpetrated on it. We are also sourcing a map from the eighteen hundred showing that Boithrin na Lachan was the only road in Curragh before the R673 was built, this plus a 97 year old map proves it was there past living memory. It also proves that Boithrin na Lachan does not traverse any private lands which could be contentious and cause a legal wrangle. Waterford County Council who are now mandated under the Planning and Development Act 2000 and Planning & Development(Amendment) Act 2010 to protect our public rights of way for the public. The Local Authority can also bring an action under Section 73(11) of the Roads Act 1993 to protect the right of the public, where a right of way has been interfered with.

The Planning and Development Act 2000 states that a local authority shall keep a list of public rights of way. The act requires any such public right of way be recognised under the act to be registered on the planning authority register of the relevant local authority. To identify the existing public rights of way which give access to mountains, lakeshores, riverbanks or other places of natural beauty or recreational activity using the following methodology:
• Place an advert in local papers seeking submissions from the public to identify public rights of way which give access to mountains, lakeshores, riverbanks or other places of natural beauty or recreational utility.
• Identify existing rights of ways, paths, and access points to mountains, lakeshores, riverbanks or other places of natural beauty or recreational activity.
• Identify access points to seashore, mountain, lakeshore, riverbank or other places of natural beauty or recreational activity which the Council have maintained or repaired with a view to identifying public rights of way.
• Carry out a desktop analysis of public records, maps, aerial photographs and newspaper accounts to identify reputations of public rights of way.
• Once the list is compiled, advertise and put it on display. The public will be invited to make submissions on the validity of the public rights of way.
The Local Authority will endeavour to verify and list the public rights of way and begin the formal process for designating rights of way under Section 14 of the Planning and Development Act 2000 (as amended).
The Office of the Planning Regulator created in 2019 to control planning in Ireland after all the planning scandals commended Cavan County Council and likewise Meath County Council for their public service to the public on this issue, in their county development plan 2016-2021. Both county councils ticked all the five boxes providing the public with lists and maps of public rights of way in their administrative area as required under the said Act, Waterford County Council noted in the report only ticked two boxes, providing no lists or maps of public rights of way to the public. Planning Regulator, Niall Cussen said managing rights of way protect public access to amenities: “Ireland, like many other places around the world, has seen unprecedented increased demand on access to the outdoors since the Covid-19 pandemic. Public rights of way are an essential part of the amenity and recreational facilities available to the public which help people enjoy physical attributes of local communities, whether they provide access to rivers, seashore, lakes, uplands or other amenities and the planning process has a specific role to play in protecting key strategic rights of way.
Roads Dept. Waterford County Council have confirmed that Boithrin na Lachan is not in their charge, which means they have no jurisdiction over it as a road but have to protect it as a right of way. Waterford City & County Council along with the Dept. of Rural and Community Development have part funded a road across private land under the Local Improvement Scheme from the R673 to Boithrin na Lachan. One of the conditions of the scheme is that all projects must be available for use by members of the public i.e. access to the roads must not be inhibited or restricted. This would appear to be at odds with a letter that the landowner received from Waterford City & County Council claiming that it and Boithrin na Lachan are now privately owned. I await a response from Waterford City & County Council on this very matter and if a FOI is required I will forward same to them.
The only entity that can extinguish a public right of way is the local authority, a landowner can extinguish a private right of way as we have seen in county Sligo in the Lissadell House court case but in fairness Sligo County Council did challenge it on behalf of the public.

To extinguish a public right of way the local authority have to meet certain conditions, this is how it is done in County Cork.
Proposed Extinguishment of Public Right of Way over section of Road No. L-55071-0, Ballynageragh, Ballyhea, Co.Cork.
Length of public right-of-way to be extinguished – 72 linear metres.
A copy of the map indicating the public right-of-way and particulars relating to the proposed extinguishment of the Public Right of Way have been deposited at the offices of Cork County Council, Old Cork Road, Charleville, Co. Cork and may be inspected by appointment only during normal office hours from Thursday 13th May 2021 to Monday 14th June 2021. Email charleville@corkcoco.ie or phone (063) 81348.
A copy of this Notice and map is also available on the Council’s website at corkcoco.ie.
Any objection to, or representation regarding the said Order should be made in writing to the Administrative Officer, Roads (Finance & Administration), Cork County Council, The Courthouse, Skibbereen on or before Tuesday 29th June 2021.
The Act provides that if there is an objection to, or representation made regarding the Order and the objections or representations are not withdrawn, the persons making such objections or representation may request in writing, to state their case at an Oral Hearing conducted by a person appointed by the local Authority for that purpose.
13th May 2021.
Director of Services,

Rights of way can be a legal minefield as happened in the Lisaddel House Court Case, there are as many twists in the case similar to the twists in the right of way itself and no two cases are similar and people are constantly confusing public right of way with private rights of way. However, with regards to Boithrin na Lachan, it has been there since time immemorial, none of it traverses landowners’ private lands, we have the maps as attached and hopefully another for the Land Registry going back to eighteen hundred. The only issue is that there is hostile possession on it and people are being turned back on the basis of a letter from Waterford City & County Council, hopefully they will send us a copy of same as requested, of course if common sense prevailed this could be solved tomorrow.
I am heartened by the response from readers who have contacted me regarding the article in the Dungarvan Observer many of whom will support the affidavit or whatever it takes to the Land Registry and many thanks to the Dungarvan Observer for publishing it. To real Curragh people, born and bred there, Boithrin na Lachan is part of our heritage and I have included it as well in the Waterford City & County Development Plan 2022-2028, where it goes there is anybody’s guess. To strangers Boithrin na Lachan is a nuisance they have no affinity for it and just cherry pick the part that gives them access to their property on it. We will not give up on Boithrin na Lachan without a fight.