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Highland Riverside Walk

Re: Highland Riverside Walk

Postby Moriarty » Sun Aug 26, 2018 8:35 pm

TheFox wrote:I think it's perfectly reasonable. In most parts of the world private land is considered private, and as such the owners have any right to use it exclusively and don't need to let others pass over it.

Scottish people (and the people of a select few other countries) are very privileged in having legislation in place that makes it legal for them to walk pretty much everywhere they please, with the provision that it's not right past someone's window/through someone's front- or backyard. As such the owner in question should have any right to request/demand that people don't walk right past a building on his own land that he is staying in a considerable amount of time. It's HIS land. Plus the detour seems to be only a couple hundred metres.

Yeah, if the path is a public right of way, technically the land owner would be in the wrong, but so what? Respect people's privacy ...


Worldwide it's recognised that land ownership is not absolute, but subservient to the laws and needs of the nation. Land owners have the privileges accorded to them by the nation they own land in. Some nations accord very expansive privileges, others (like Scotland) rather less.

Personally, I think Scotland has a nice balance of owner rights/privileges and public rights/privileges. I wouldn't support your view that an owner's demands should be paramount - that's a mindset I don't subscribe to.
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Re: Highland Riverside Walk

Postby Walking Scotland 1 » Mon Aug 27, 2018 9:03 pm

👏 Balanced and reasoned
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Re: Highland Riverside Walk

Postby Walking Scotland 1 » Mon Oct 01, 2018 7:42 am

An update.. I'm really confused now..

The new signs pointing Public Footpath appear to me to have been taken down and now say something like Please respect the privacy of the garden.

What I don't understand is why would a land owner who as I understood it had acted appropriately and reasonable in terms of satisfying council officials in directing the flow of the public footpath NOW change the signs to one's which give me the impression of grey as opposed to black and white no debate as to the option of using the original riverside route or not.

I walked round the new route again recently but saw others who didn't.
We were I guess a little shocked that the land owner was allowed to do what he did initially but are we right in thinking that even by satisfying the council officials there are other independent bodies like the rights of way society who may hold a different view?
It's a very popular walk so if as a land owner you hold all the cards so to speak it appears very odd to me that you would muddy the waters of what your expectations of the public are.
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Re: Highland Riverside Walk

Postby Sunset tripper » Mon Oct 01, 2018 8:43 am

Is it possible for you to post a map or describe exactly where the route is because all replies you get are mostly conjecture without the details of the route.
It's quite possible someone with knowledge of the area might be able to give you very good advice if they knew where this riverside path was and where the diversion was.
All the best. :D
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Re: Highland Riverside Walk

Postby Walking Scotland 1 » Mon Oct 01, 2018 11:31 am

Thanks for reply. Not sure why but I'm a little uncomfortable posting the exact location; but absolutely hear what you're saying nonetheless.

I had direct info from the council official to say what the landowner had done ticks all their okay boxes but it's since then that these signs have changed so as I say I'm confused as to why NOW if he's had the all clear from the council would the Public Footpath signs be taken down.
I like to think I'm just realistic but probably many may call me cynical ; I'm just wondering in time will this have implications for access to the new route too. What's to stop the landowner extending the garden yet further; slippery slope and gradual change management.
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Re: Highland Riverside Walk

Postby Sunset tripper » Tue Oct 02, 2018 8:43 pm

Just going by the info given I personally think you are quite entitled to walk along the riverside (on the original path) through the newly expanded garden if necessary and the access officer / council has got it wrong.
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Re: Highland Riverside Walk

Postby Skyelines » Wed Oct 03, 2018 12:57 am

I believe the term "Public Footpath" has a legal definition in that it applies to routes with "Public Rights of Way"

If the route in question does not have this designation then the use of the term is incorrect and also referring to any deviation as such is therefore incorrect. No one can alter the route of a Public Right of Way without the proper authority.

If public rights on this route have not been established then the rights of the access code apply.

It appears from the little information on this thread that the owner has possibly extended his garden ground to include the land over which the path crosses. The extension of the garden is over a pre-existing common use path and a conflict of interest arises. To establish whether a Public Right of Way exists would require a court hearing, an expensive and time consuming process.

I would hazard a guess that the owner and council have come to some agreement to avoid a court case. The removal of signs referring to a "Public Footpath" and replacement with ones that appeal to the wording of the access code to encourage walkers to avoid the garden ground.

In the spirit of the access code it would be reasonable if the garden is in use by the owner and family then taking the alternative would be considerate. If not in use by the owner then using the original path and not stopping would seem to be acceptable.
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Re: Highland Riverside Walk

Postby Walking Scotland 1 » Wed Oct 03, 2018 9:58 am

That's really interesting thank you.
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Re: Highland Riverside Walk

Postby Walking Scotland 1 » Sun Oct 14, 2018 12:00 am

Yet another development.. the signs at the riverside diverting around the perimeter appear to have gone altogether now....

All very strange is my impression....
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