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Right to roam v Private Road

Re: Right to roam v Private Road

Postby BigTed » Mon Apr 19, 2021 2:24 pm

I'm familiar with the area. I live 5 miles away and my family for many years had a farm a mile or so away.

I've actually never been along the private road in question as it doesn't go anywhere. Anytime I go up to the Whangie I park at the Queens View carpark less than 200m from the entrance to the private road. Why wouldn't you? I can't see anyone else parking in the private road either, signs or not, as access to the Whangie is fenced off from there.

The only time I can see any need to use the private road wold be as per the OP having done a circular route and using it to
going on to Stockiemuir Rd for several hundred metres where there is 60mph traffic and no pavement.

So I suspect the resident has very few vistors using "his" road and is just grumpy about someone exercising their access rights. If he is that bothered a diversion and stile onto the main road 50 yards before his house sounds reasonable. As he probably doesn't own that land and it's a bit of a non problem I suspect he will just need to put up with it.

By the way. OP is there a dog friendly stile in the fence that runs along Aucheneden Hill between the Whangie and Burncrooks. I may take a wander that way next time myself.
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Re: Right to roam v Private Road

Postby Navvarr » Mon May 17, 2021 1:32 pm

So, I was out last evening for a walk up the Queens View, down to Burncrooks and back towards Carbeth to then follow that Right of Way to Cameron Avenue and what do I find- the stile has been removed- physically sawn down and removed.

No doubt to try to deter walkers from passing by this persons little fiefdom.

It's still passable - just walk to the end of the fence and make your way over the fence where it's drooped- in future though I'm tempted to take a stout set of bolt cutters to cut the fence and remove the padlock next time I'm up that way.

Any advice welcome how to deal with this persons wee attempt to remove access to a right of way would be welcome.
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Re: Right to roam v Private Road

Postby jmarkb » Mon May 17, 2021 2:59 pm

Navvarr wrote:Any advice welcome how to deal with this persons wee attempt to remove access to a right of way would be welcome.


Contact details for the Stirling Access Officer are here: https://www.outdooraccess-scotland.scot/scottish-access-officer-contact-list
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Re: Right to roam v Private Road

Postby funktious » Sun Jun 06, 2021 5:02 pm

We did this exact walk earlier today and found, as reported above, a locked gate and no stile and had to climb over the dropped fence. Then, as we walked quietly past the house towards the road, a woman called to us from the garden that this was a private road and we shouldn’t be there, and they were going to put more signs up because they had “no privacy”. At the point she shouted to us, we were already past! We just politely said that we were heading to the road and left her to it. We'll try reporting to the access officer, as suggested.

It’s a lovely loop though, would recommend it, last 10minutes notwithstanding...
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Re: Right to roam v Private Road

Postby Navvarr » Tue Jun 08, 2021 10:44 am

Lovely folk- I suggest that if you're in the area, pop by- I feel it's only the right thing to do since I very much disagree with folk trying to close off rights of way to the general public when we're doing nothing wrong.

I'll be passing that way more often and I'll be taking my walking group with me.
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Re: Right to roam v Private Road

Postby Navvarr » Tue Jun 08, 2021 12:37 pm

Well, I've contacted the access office for Stirling Council, I suggest that others consider doing the same.

I for one will be enjoying the walk and look forward to having a robust discussion with these people when they try to tell me that I'm not allowed to pass by their little fiefdom.
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Re: Right to roam v Private Road

Postby pt2021 » Thu Jun 10, 2021 10:53 pm

Hi, I’m the home owner in question. Right to roam doesn’t apply, we are sick of having people, roam over our garden, looking in the windows of our bedrooms, dropping dog litter & parking their cars & blocking the entrance to our homes.

Please have some respect for other peoples’ homes. Should we follow you all home & march up & down your driveways/gardens? Put ladders up to your bedroom windows in your flats to reciprocate the invasion into our privacy?

Many of the points below are applicable to us:

“What is not covered by the right to roam?

While the access rights may appear to be very extensive, they are subject to many restrictions. Land over which statutory access rights cannot be exercised includes:
▪ any land to the extent that there are buildings on it, a fixed piece of machinery or anywhere that provides an individual with privacy or shelter, such as a tent
or caravan. This covers both residential and non- residential buildings;
▪ gardens around houses, caravans or tents etc., of a sufficient extent to allow a reasonable degree of privacy.
Public access rights also do not apply to:
▪ common gardens that are restricted to residents, even if they are separated from the homes themselves;
▪ schools or land used by schools, such as a playground;
▪ land that has been developed as a sports or playing
field, or for a particular recreational purpose; or
▪ land on which crops are growing (in order to protect farming”
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Re: Right to roam v Private Road

Postby JLennie » Fri Jun 11, 2021 9:19 am

Morning, this form has been brought to my attention as I am a resident at Auchineden house.

We are currently being plagued with walkers in our garden, Yes our garden.
I, Like you all love exploring the outdoors, However I do exercise responsibility when doing so and do not walk up peoples driveways or into their garden,

As my neighbour has posted just before this, we are excluded from the right to roam. Ordinarily we would have no issue with the odd walker, however the few have spoilt it for all hence the growing aggravation at Auchineden, leading to the standoffs and often confrontations.

We have had one neighbours daughter attacked by a walker walking through here and another verbally abused on multiple locations,

We are currently shelling our large sums of money on a regular basis due to the fences being pulled down and the damage caused.


The removal of the stile was mentioned before in this form, this was removed by the estate on the grounds of there is no right of access over the gate and onto our properties, not to mention the safety concerns that style caused as it was rotten through.


I was particularly angered and shocked to see the below website posted with pictures of my house as though it was some sort of tourist attraction, Pictures that have been taken from our front garden. I am sure ever level headed person on this form can see that that is not acceptable and if the roles were reversed and you had familys pitching up for picnics in your front garden, or on one occasion 2 car loads in your front garden playing foot ball you would be equally shocked.

the website in question:
caingram and the link is posted earlier in this form

If anyone has contact details to the owner of this site I would greatly appreciate these so I can request the images are removed.
these photos were taken from our front garden (which is of course private property) and without permission so there for are not legally obtained.


Im sure you can all see now our issues with people using our private property as a right of access and the distress this is causing us and would ask you do not recommend this walking / running / cycling route nor do you loop it in to your normal routes.

Queens view has a sizable car park and parking there will not only keep you safe from walking up one of Scotland's most dangerous roads but will avoid the damage that is being caused to our property.

Thank you for your time.



Thanks for your time and apologies for the long post but I hope this now makes our residents points clear.
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Re: Right to roam v Private Road

Postby AyrshireAlps » Fri Jun 11, 2021 5:55 pm

Welcome to the real world, people walking past your house is just awful isn't it? Bloody peasants daring to look, cads and bounders the lot of them!.
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Re: Right to roam v Private Roam

Postby pt2021 » Fri Jun 11, 2021 6:14 pm

Your words, not mine. We’re making a reasonable point which is supported by law. Would you be happy with people coming through your garden when your 5 year old children are out playing, or catching random walkers peering in your child’s bedroom window? We have to deal with that & a lot more on a daily basis. It’s our home & we’re entitled to privacy. You can attempt to belittle our valid reasons for complaining as much as you like, but that won’t make them go away. Like a lot of people that have posted here, we’re all reasonable people. We’ve just had enough of people showing a complete lack of respect for our privacy & our properties.
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Re: Right to roam v Private Road

Postby AyrshireAlps » Fri Jun 11, 2021 6:50 pm

Lol, bit of Friday fun, I get you're not in the mood for it!.

I'm a tad torn tbh, someone locally has bought a house at the top of a road, the last one before the gate onto a lovely country path, closed off the road, claimed it as their garden, and rerouted the path into a muddy field edge, with 3 steps down and then back up. They've installed outward facing cameras, and an ugly, loud dug roams 'their' garden.

A younger less mature Ayrshire Alps would have perhaps carried out some retaliatory night time maneouvres, but thankfully for all involved, those days have passed.

So, in this scenario, you are those very people. I may be being unfair on you, and if I'm wrong, well I apologise, However, I've seen too many folk who assume no one should be within shouting distance now that they've made it to their rural, idyllic country house. I'm afraid guilty until proven innocent is my MO these days. 😁
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Re: Right to roam v Private Road

Postby AyrshireAlps » Fri Jun 11, 2021 7:02 pm

Is your house one of those green ones? It is very close to the road, although not as close as my house is, I get folk looking in on the way past all the time, c'est la vie.

The wall and gate generally stop them coming in my garden though, maybe you could try that?.
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Re: Right to roam v Private Road

Postby Navvarr » Fri Jun 11, 2021 7:37 pm

I'm the original poster whom you challenged when I was out with my walking group- I'd say you really got our backs up with your attitude and aggressive manner trying to ward off people from passing by your home and so I decided to seek some advice as to your rights versus our rights.

Sadly for you, I'm sorry to have to break it to you buddy, but you can't stop anyone from walking past your home- I can't either, your threat of following me home and walking past my home is a hollow one- I can't stop you from walking past my home either.

The nonsensical idea that any of my party of walkers was trying to peek into your bedrooms?? Well, sorry mate, neither myself nor the four women with me were one bit interested in your bedroom not its contents- so quite why you felt you could try to deter us from using the road next to your house on that pretext when none of us was carrying a ladder or had binoculars or were trying to employ some method of peaking in your windows- it just doesn't add up.

I really have to ask though - have you actually had anyone peaking through your windows?? if you have then phone the police- that's what I'd do- that's not on, it really isn't.

Your garden is off limits too of course- and again, we walked right past- no attempt was made to enter the boundary of your property your privacy was fully respected by all of us.

So anyway- next time I'm walking past your house- and I guarantee that I will be walking past some time soon- feel free to bid me a cheery good morning- or a good evening like a normal person. If you start any nonsense about me not being allowed to pass by, I'll wait patiently whilst you phone the police and have me lifted- except I won't be- because the simple fact is... you can't stop ANYONE from walking past your home.

I have contacted the Stirling Council access officer, I do have the answer back from them, expect a visit.
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Re: Right to roam v Private Road

Postby al78 » Fri Jun 11, 2021 8:47 pm

pt2021 wrote:Please have some respect for other peoples’ homes. Should we follow you all home & march up & down your driveways/gardens? Put ladders up to your bedroom windows in your flats to reciprocate the invasion into our privacy?


No, because my driveway/garden does not contain a public right of way. The pavement outside my house is a public right of way and I have to accept that people will walk past meters from my lounge window regularly. It is the consequence of living in society that you have to live with other people. I have sympathy if people are abusing a right of way and causing you problems, but blocking off the right of way to everyone is not the answer.
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Re: Right to roam v Private Road

Postby Iluvsuliven » Fri Jun 11, 2021 10:12 pm

al78 wrote:
pt2021 wrote:Please have some respect for other peoples’ homes. Should we follow you all home & march up & down your driveways/gardens? Put ladders up to your bedroom windows in your flats to reciprocate the invasion into our privacy?


No, because my driveway/garden does not contain a public right of way. The pavement outside my house is a public right of way and I have to accept that people will walk past meters from my lounge window regularly. It is the consequence of living in society that you have to live with other people. I have sympathy if people are abusing a right of way and causing you problems, but blocking off the right of way to everyone is not the answer.


Can I ask what makes people think that particular road is a right of way? I have been researching this topic.

MODERATOR: This user had 3 posts in moderation queue at same time as a new poster (all new posters have their posts go to a queue). First contained personal attacks on two posters and so hasn't been approved; this was second; third post made false claims this thread had been moderated/doctored and contained attacks on me / Walkhighlands; user has been permanently banned.
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