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Residents claim gate is obstructing right of way to Balmashanner Hill

Residents claim gate is obstructing right of way to Balmashanner Hill

Angus Council is investigating claims a public right of way in Forfar has been unlawfully closed.

Residents in the town have contacted the council over the closure of an access gate leading to the Balmashanner path network since March 1.

Users of the paths are claiming the gate, located at the top of Northampton Road, is restricting access to the path network that has been used as a right of way for the past 20 years.

However, despite several statements from walkers and members of the public, no substantial evidence has been passed to the local authority yet to prove this is the case.

A spokeswoman for the council said: “The council is aware of the situation, having received a number of inquiries from members for the public.

“A worn route appears to have become established across the fields in question due to use by the public.

“It is unclear whether this route has been used for the 20-year period necessary for a public right of way to have been created. We are investigating the matter.”

A right of way in Scotland is defined as any route linking two public places, such as a village or church, which has been used unhindered by the public for at least 20 years.