Legal action against waterways authority

Published: Wednesday, 30 May 2012

A LANDOWNER has started legal action against Waterways Ireland after it erected two concrete posts blocking access to his property.

Kenneth O'Reilly, of Scribblestown, Dublin, was shocked when he found the authority had erected the posts thus preventing him taking machinery on to his property, and having no joy from Waterways Ireland has started legal proceeding to have the posts removed, Alan Tilbury reveals.

Royal Canal

The posts were erected without warning between locks 10 and 11 of the Royal Canal at Ashtown that he claims amounts to a breach of his right of way over the towpath.

Kenneth O'Reilly is pushing for an order from the Court directing Waterways Ireland to remove the concrete posts from the towpath, together with a permanent injunctions prohibiting the erection of any further obstructions along the towpath that would interfere with his right of way over the towpath along the canal adjacent to his lands.

A nuisance

In addition he wants a declaration that Waterways Ireland's actions amount to a nuisance.

At the High Court yesterday (Tuesday) Mr Justice Gerard Hogan granted Kenneth O'Reilly permission, following an ex parte application, to bring proceedings.