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Monifieth ‘right of way’ dispute with homeowner unresolved after eight months

Before and after the route was blocked on Ferry Road, Monifieth.
Before and after the route was blocked on Ferry Road, Monifieth.

An investigation into whether a Monifieth homeowner blocked a public right of way remains unresolved eight months on.

The path, which connects main thoroughfare Ferry Road with a local park and nearby Monifieth High School, has been used by locals for decades.

Angus Council has been looking into the issue since December last year after a large fence was erected by the owner of an adjacent home.

But despite gathering evidence of its usage from locals for months, the authority is yet to establish whether the fence should be removed.

‘Keep out’

Monifieth councillor Ben Lawrie says those living nearby are disappointed with the situation and are keen to find out whether it will be reinstated for public use.

He said: “It was a public right of way for quite some time and offered a very convenient shortcut to and from Ferry Road.

“Many locals used it and were upset when it was closed off. I’m hoping we can get some certainty on this soon.”

Signs stating the path is a construction site and for people to keep out were erected last summer.

The route is through the property of a local homeowner

The entrance from the park now has a large metal fence to ensure no access.

It is understood the homeowners purchased the house recently and decided to close off the path, which is on their property.

Google Maps meanwhile still suggests the route as a public path.

20 years of use needed for right of way status

Angus Council said in letters to local residents it was “seeking removal” of the obstruction but has so far been unable to build a strong enough case.

It distributed questionnaires to homes in the hope it would help prove the link meets the stringent criteria needed to be classed as public right of way.

One of these states there must have been continuous use for 20 years or more and use must have been a right, rather than a consent.

They often relate to private property but that does not prevent local authorities ruling the owner must keep them clear.

An Angus Council spokesperson said: “We have sought information on public usage of the route in question and are extremely grateful to all parties who took time to assist with that process.

“That information is important in helping determine the best way forward.

“As matters stand, officers in the planning service have reviewed the submitted information and assessed available evidence.

“The case will be reviewed by our solicitors before the matter is passed to the relevant committee of the council for agreement on appropriate action.”

The homeowners were approached for comment but declined to comment.