Farmer Triumphs in Legal Battle Against Council Over 150m Farmyard Road Dispute

A farmer in Co. Monaghan has triumphed in a significant legal dispute over a 150-meter stretch of road that traverses his farmyard. The case reached the High Court, where Justice Nessa Cahill ruled in favor of Donal Gerard McDaid against Monaghan County Council.

Overview of the Dispute

The central issue revolved around the characterization of the 150m road. McDaid argued that it is a private road, while the council claimed it was a public right of way. Justice Cahill’s judgment, consisting of 45 pages, ultimately sided with McDaid, indicating that the road is not a public thoroughfare.

Legal Findings

• The court ruled that there was insufficient evidence to classify the road as a public right of way.
• Justice Cahill issued a declaration affirming its status as a private road.
• While the council may bear McDaid’s legal costs, the request for damages was denied.

Historical Context

The disputed stretch is part of ‘the 12 Road’, established circa 1834 as a right of way for the heirs of Simon Donaghy. McDaid claimed that his family has used this road privately for nearly 190 years, presenting evidence that they have been the primary users throughout this time.

The council contended that the stretch had been made public under the 1953 Act, arguing that it was dedicated as such and has been taken in charge by them. However, McDaid’s family provided convincing arguments to highlight the absence of any relevant evidence supporting the county council’s claims.

Key Court Considerations

Justice Cahill emphasized that the evidence did not demonstrate adequate public use to suggest a dedication of the road as a public right of way. In her findings, she noted:

“I am not satisfied that the user has been shown to be of sufficient volume, extent, frequency or duration to warrant an inference of dedication of a public right of way.”

Future Proceedings

For the allocation of legal costs, the council has until December 19, 2025, to submit any differing opinions. McDaid will have the opportunity to respond by January 16, 2026, with a final decision scheduled for January 20, 2026.

Conclusion

This legal victory underscores the importance of property rights and the complexities surrounding public versus private road designations. As disputes of this nature continue to arise, the ruling sets a precedent regarding land use and local governance.