A Monifieth couple have been told by Angus Council to unblock the right-of-way running beside their home.
They shut the path off after buying 114 Ferry Road in 2020.
But although they own the land, it has been used as a popular route from Ferry Road to a nearby park and Monifieth High for decades.
It’s a popular shortcut to the local shop.
The couple say they closed it off as a safety measure.
And to avoid problems with dog walkers flinging poo-filled bags into their garden.
However, the council is to press on with formal enforcement to get the path open again.
The council’s case
After receiving 23 complaints when the path was closed off in summer 2020, Angus Council launched a local questionnaire.
More than 90% of the 52 folk who responded said they had regularly used it.
86% had first used it prior to 2005, and 48% since before 1995.
Half walked it at least once a day.
The property owners’ position
Scott Milne of Tayside legal firm Thorntons revealed the owners, Mr and Mrs Macintosh, suffered an online backlash.
“There was a great deal of abuse directed at them on social media,” the solicitor told the council’s land reform sub-committee.
“That has died down completely and there is no current vitriol.
“There are two principal reasons on which they oppose the use of the path.
“One is to protect the privacy and enjoyment of their property.
“Dog fouling principally has been the main problem, and people congregating in their drive.”
The couple had been forced to pick up bags of dog poo thrown by walkers into their garden when using the track.
Danger to pedestrians
Mr Milne said: “The second reason is safety. They have title to the land in question, it is both a track and an access to their home.
“It is accessed from Ferry Road, which is a busy road.”
He said it was difficult for a driver turning into the house or going back onto Ferry Road to tell whether there is someone on the track.
“Pedestrians are at significant risk to their own safety,” he said.
“The track is not suitable for wheelchairs and prams, it’s fairly rough and not in great shape.”
The solicitor urged the authority to get roads department staff to assess the site.
But council solicitor David Thompson said road safety was not a consideration under the section of the Land Reform Act the council is acting on.
“The existence of the access right is different from the management of the access right,” he said.
Mr Milne replied: “I think there is a legitimate public safety issue here and it seems remiss of the committee not to get some information that will either confirm or allay any concerns the committee may have.
“I find it hard to believe a court would not have regard to safety of the public in coming to a decision whether it was reasonable to allow members of the public to use a track or not.”
However, the sub-committee unanimously agreed to proceed with formal enforcement to get the track re-opened.
The couple can appeal the decision and the committee also instructed its legal team to defend any challenge against their ruling.
