The Legal test is:

1.  Boithrin na Lachan is both a highway and a public right of way since time immemorial and has been there for generations.
2.  Boithrin na Lachan is both a highway and a public right of way beyond living memory, with maps dating back to 1840, the only road then in the Curragh, east to west and nobody living today remembers that far back. (Lissadell House court case)
3. The right of passage must exist over a defined route, Boithrin na Lachan’s defined route is from the Pink House to the Bothair Aird
4. The highway must have a purpose as right of passage for the public to pass and repass, move cattle, horse and cart and tractor movements from one highway to another
5. Traditionally, a presumption that a public right of way exists also requires that the route starts in a public place and ends in a public place,(Glencree Case), Boithrin na Lachan starts at the Pink House on the public road from Curragh Cross to Ballinamertina and ends on the the public road the Bothair Aird and vice versa.
6. As a public right of way is further corroborated with irrefutable proof from no other than Waterford County Council then, in the planning permission granted under 92557 when it claims that it was protecting an existing public right under condition (2) and protecting a roadway under sections (4) and (5) viz https://www.johnaudielarkin.com/1992-new-house-planning-conditions/
7. Under the Roads Act 1993 section (11) Waterford City & County Council are required to protect public rights of way
8. Under the Planning & Development Act 2000 Waterford City and County Council are mandated to map and compile a list of all public rights of way in their administrative area and include them in their county development plan as Cavan County Council have done on behalf of the people of Cavan see attached.
9. )