Right of way discussion

A POTENTIAL row about a claimed right of way near Hillside was defused at Wednesday’s meeting of Hillside, Dun and Logie Pert Community Council.

And the reason was that secretary Gill Davies had done her homework.

The area in question is near the former Sunnyside Social Club.

There is a path which it is felt would stand up to all the legal tests for a right of way. But alongside it at one point is a private access road.

The problem is that people are using the private access to get to the right of way.

In doing so some are looking through the windows of a private house, and they are also allowing their dogs to defecate on the private road.

It was commented that anyone who was intent on having the private road declared a right of way would have to take legal action to do this.

Members agreed that proper signposting of the right of way would be very helpful.

It was also noted that the householder had been co-operative rather than confrontational, and that his right to privacy had to be protected.

Gill suggested that anyone interested should visit the village Post Office where a plan of the area can be seen.

She also suggested that a visit to the website www.scotways.com would be helpful in terms of the legal position.

* A Review reporter who has had some experience of rights of way comments that ‘vindicating’ a right of way legally has to be done by Angus Council. This is a costly business and he believes it would only be invoked if there was an overwhelming public need to overturn an injustice on the part of a land-owner, which seems far from the case here.