Farmer shoots farmer over mud track was snapshot of this recent Irish Times article. The commercial urban equivalent might be '€20m development on ice for years due to right of way dispute', with teams of lawyers unleashed by the warring parties instead of gunslingers. No developer can sell houses or apartments with an unresolved right of way dispute affecting the access to the development land. Not one purchaser's solicitor will advise their client to buy a house or apartment on that land, if access cannot be guaranteed. So the developer must either cut a deal with the disputing party or ask a Court to resolve the dispute. The disputing party has a good sense of the commercial value to the developer resolving the right of way/wayleave dispute, holding out on reasonable cash offers made by the developer. Professional valuations are a must in this scenario. A Right of Way could be worth millions in the context of the commercial development of land. If no deal can be done then the developer usually issues a High Court writ. Slowly but surely the developer realises that no matter how quickly they get the High Court to fast track a case, it will take 6 months minimum to come on for hearing. But then, even if successful in getting a declaration from the High Court, an appeal to the Court of Appeal will take another year and a half to resolve the issue. Time is of the essence for developers where planning has been granted, finance secured and the opportunity to sell in a tight economic window is closing. Consequently the appetite for 2 year litigation is low for developers in this scenario. A deal needs to done. That's where mediation is appropriate. A mediator is a neutral third party trained to break deadlock and assist the parties in reaching a compromise. Mediation takes one day. With a skilled mediator an impossible situation can be made possible. Industry sources claim mediation results in settlement 80% of the time.
Garda Mitchell alleged gardaí had been called to lands at Ballycasey on “five occasions since June 2014”, and that the shooting last Friday, was the “latest in an ongoing long running feud over a ‘right of way’”.“Further, more serious charges are anticipated,” Garda Mitchell added.The court heard the “right of way” is on Mr O’Donoghue’s land, but three other landowners, including the injured party need to access it to get to their lands.“There is no other access,” Garda Mitchell said.