Row rumbles on over disputed rights of way near Kelso hotel

Opposition is mounting among villagers unhappy about what they insist are rights of way over land at a Borders hotel being blocked off.
Heiton residents angry at a disputed right of way being fenced off adjacent to the Schloss Roxburghe and Golf Course near Kelso.Heiton residents angry at a disputed right of way being fenced off adjacent to the Schloss Roxburghe and Golf Course near Kelso.
Heiton residents angry at a disputed right of way being fenced off adjacent to the Schloss Roxburghe and Golf Course near Kelso.

As reported in last week’s Southern, neighbours of the Schloss Roxburghe and Golf Course at Heiton, near Kelso, are angry about paths around it they have been using for decades being fenced off recently.

Hotel manager Harry Fernandes, however, maintains that the disputed tracks are not rights of way and that the action taken was only to protect the golf course at the 12.18 Group-owned site.

Discontent over that move is not abating, however.

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Ian Abernethy, of Main Street in Heiton, said: “One of his most preposterous claims is that the path he has blocked off wasn’t really a path at all.

“I have walked that path for more than 40 years and can prove that it was in existence at least as far back as 1845.

“Mr Fernandes flails around producing reasons for the closure of this non-existent path – damage to greens, which I have never seen; dogs running wild; danger from fishermen – and claims the gate was padlocked at the insistence of Scottish Water, which Scottish Water absolutely denied.

“The hotel had, until recently, enjoyed a good relationship with the local populace, but the actions and attitude of the manager have resulted in a public relations disaster.”

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Another villager, John Edgar, formerly a regular user of the paths with wife Barbara, said: “Everything started when this new hotel manager arrived, and we have had reports of all sorts of problems from him, but nobody else.

“I’ve never seen any problem, any vandalism of any kind. We can no longer do our normal twice-daily walks because the route has been blocked off.

“We had young deer living at the bottom of our garden, but we haven’t seen them since the fence went up because they can’t get through. They are completely oblivious to the wildlife, never mind the residents.

“All we want to do is access what we have accessed for 14 years, but the general manager is not willing to compromise.”

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Mr Fernandes claims the dispute has been “blown out of proportion”, though, saying the hotel welcomes visitors accessing its grounds and adding: “What they are referring to as rights of way are not actually rights of way.

“The problem is that not everyone is golf-aware.

“We had a lot of trouble so we decided to take action.”

A Scottish Borders Council spokesperson said: “We will continue to engage with the parties involved to find a resolution to the current issue.”

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