Man not entitled to use unlawful entrance to property, court rules

Landowner knocked down wall along N5 road and claimed existing public right of way

A landowner who broke down a wall next to a national primary road to create an entrance to his property has failed in an appeal against a High Court order preventing him using the access.

Peter McNicholas knocked down part of a wall along the N5 on the Charlestown Bypass in Co Mayo in 2012, claiming he was entitled to do so due to an existing public right of way.

The wall was built in 2007 by Mayo County Council as part of construction of the road. The council claimed his action was illegal.

Mr McNicholas claimed there was a public right of way, which had not been extinguished when the new road was built to replace the old road, allowing him access the N5 from the local access road to his home at Cuilmore.