Case Report: 1946 SLT 91

Key points: Right of way claimed – Action to negate public right of way, raised by proprietor – title of local authority to intervene – duty of local authority to ‘assert, protect, keep open’ rights of way.

The facts: Alexander, a landowner in Kirkcudbrightshire, raised an Action against Picken to negate a claimed public right of way. The Sheriff found against Alexander and upheld the right of way. Alexander appealed to the Court of Session, and the County Council of Kirkcudbright asked leave to enter the proceedings as a party, for the first time, to defend the action. This was allowed.

Comments: This case was reported only very briefly, but it illustrates the right of a local authority (acting under statutory powers) to defend an Action relating to public rights of way.

Case referred to: Alston v Ross (1895) 23 R 273