Years of dispute over a controversial right of way near Newburgh have been reignited by the submission of plans for deviation of the route and installation of an 80-metre-long fence.
The path, which forms part of Newburgh’s annual Riding of the Marches ceremony, has been at the centre of bitterly-fought court actions involving the elderly owners of the rural property Bloomfield, which lies on the border between Fife and Perth and Kinross.
Retired colonial forester Robert Nisbet and his wife Elizabeth have been at the centre of civil court actions before a sheriff, sheriff principal and the Court of Session in Edinburgh. In all cases decisions went against the Nisbets.
After the most recent case a breach of interdict case raised by Fife Council in 2009 they were each fined £500 and ordered to pay expenses.
The right of way links Whinnybank in Fife to Macduff’s Cross in Perth and Kinross, and the Nisbets have asked Perth and Kinross Council to determine their planning application.
They state that they want to provide a corridor for walkers to ”prevent them invading our privacy and security of the front lawn, garden and environs of our house”.
They said the work would leave a path five to six feet wide and give free, unhindered passage to users. However, it is clear that the plans will be hotly opposed and there are already a dozen objections.
One is from neighbouring farming business D & A Baird, who expressed ”incredulity” at the application and said the fence would be in the middle of their farm access.
”This was established as an unrestricted access for our business through the courts some years ago” Mr Baird said.
Another objector is resident Chris Hobster, a retired police officer who gave evidence during the 2009 civil case at Cupar.
”This is also an approved core path on the Perth and Kinross and Fife Council plans,” she said. ”The applicants have continually gone out of their way to make the use of this right of way by all users as awkward as they can.
”Whilst understanding that a right of way may, in certain circumstances, be changed in width or route, this right of way should not be one of them.
”It has huge historic importance to the local community and to the vast number of walkers of all ages who visit the area to use this particular route.
”It is signed as a Heritage Path. Gates that were taken down by Fife Council were put back up, the applicants showing once again their total disregard for the court ruling.”
The 2009 action for breach of interdict was heard before Sheriff Valerie Johnston and it resulted from complaints from locals and the Scottish Rights of Way Society.
Several days of evidence were heard and witness after witness, including a Fife councillor and retired police superintendent, complained about the Nisbets’ conduct.
The couple acknowledged during the case that they had fought ”tooth and nail” against previous legal actions. They claimed that every suggestion they had made had been ”turned down, subverted or lost” and they were concerned about their human rights, security and peaceful enjoyment of their property.
But Sheriff Johnston found that the couple had extended their lawn across the right of way and incorporated it into their garden.
They had gradually reduced then removed a hedge which had delineated that path, provided privacy and guided the public. They had also put up gates which obstructed the public and were difficult to open.