Court Decision in Fife Right of Way Case

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A Sheriff has found landowners in breach of an interdict which prevented them obstructing a right of way or interfering with the use or enjoyment of the route.

The decision comes at the end of many years of problems with this route, which is an old right of way near Newburgh in Fife. It was declared to be a right of way after a court action in 1997, and this was confirmed by two appeal courts. There was an interdict which said that the landowners should not obstruct the right of way or interfere with people using it. However, the landowners, Mr and Mrs Nisbet, erected gates on the route and there were many complaints by people using the route that they had been harassed.

Fife Council eventually brought a court action to enforce the interdict. At the Court hearing, several witnesses from ScotWays gave evidence about the problems that they had experienced, and their evidence was accepted by the Sheriff.

There will be a further court hearing in due course to consider what further order should be made against the Nisbets.