The Lissadell estate in Co Sligo was considered a “playground” by locals with its roadways and amenities open for use by all, the High Court was told today .
Mr Justice Bryan McMahon, who is hearing the long-running action over whether there are public rights of way across the historic 410 acre estate, was told of "big changes" in relation to access when the estate was bought by current owners, barristers Edward Walsh and Constance Cassidy.
In proceedings against Sligo County Council, the couple are seeking orders and declarations that four routes in the estate are not subject to public rights of way.
The Council contends such rights do exist, including on the basis that public monies were spent in 1954 on certain roadways.
Today, Angela Darcy, who bought a property close to the estate in 1984, told Nuala Butler SC, for the council, she, her family and neighbours "often walked through the estate" for "pleasure" and also to gain access to a nearby beach.
She said such activities continued until Lissadell was sold in 2003 and "the gates went up".
Ms Darcy, a native of Dublin, said she was "never alone" when travelling within the estate and did not consider the routes to be "anything other than public".
Under cross-examination from Brian Murray SC, for the owners, Ms Darcy said she believed public rights of way existed and stemmed from "customary" use by local people "overtime".
James Harron (65), a carpenter who grew up about a mile from Lissadell, said he spent much of his childhood "in and out" of the estate.
He said Lissadell was considered by locals as "a nice place to play". When his own children were growing up, he regularly returned and drove around the estate with them and went to the beach.
For all of his life, he had never heard of anyone being told they needed permission to use the roads within the estate, he said. The recent closure of routes was "unfair" as they had been in use for many years, he said.
Mr Walsh and Ms Cassidy whose principal address is Morristown, Lattin, Naas, County Kildare but who use Lissadell as a second home, bought the 410 acre estate for almost €4million in 2003.
They have spent some €9.5 million restoring it and claim they cannot operate it as a tourist amenity if public rights of way exist.
The case continues.
