Ownership of a road query

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exiled
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Ownership of a road query

Post by exiled »

Hello, we have received this query about the ownership of a road in the NE of Scotland. Can anyone help?
I am investigating the ownership of a road from Crieff eastwards out of Crieff, which historically probably led to Perth and which I think was a Turnpike road. A landowner granted title to 2 areas of ground separated by the roadway and granted a right of use of the roadway" so far as he could competently do so" in 1935 – at which date the Roads and Bridges (Scotland Act 1878 still ruled, but investigation on the web links me to think that the turnpike road existed In 1811 as Perth and Kinross Council archive records indicate that there are such records covering the Crieff/Perth turnpike between 1811 and 1878 – at which date the 1878 at would be coming into force. My understanding is that 30 councils may have taken over the responsibility of turnpike trustees in 1889.

The Registers of Scotland advise that the putative landowner being the grant of the 1935 right had title in the area – very large – only back as far as 1874 and the description is almost certainly inadequate to precisely determine the extent of ownership.

I have found a web reference to the turnpike acts enabling landowners to charge tolls to compensate them for the expense of maintaining roads.

In the case of a historic landowner whose title will have been based upon mediaeval grant then in modern terms there will be no vouching document, but the fact that the roadway between the two fields owned by him would I believe the presumptive evidence that the ownership of the roadway was with him.

Can any of your members provide a link to documentation which might clarify the point that ownership of the solum of the roadway would historically lie with the riparian proprietor?
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Bomag
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Re: Ownership of a road query

Post by Bomag »

I think Scotland is the same as the rest of GB - the underlying land would be owned by the adjacent landowner (to the centreline) while the road itself would be the relevant authority unless it had been abandoned.
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KeithW
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Re: Ownership of a road query

Post by KeithW »

Well who owns it today you will have to discover for yourself but according to Old Roads of Scotland there was a road from Crieff to Perth via Glenalmond which was uses for the mail and stagecoach. Presumably this in large measure is still followed by the modern roads
https://www.google.co.uk/maps/dir/56.37 ... !3e0?hl=en
http://www.oldroadsofscotland.com/stataccperth.htm#crieff wrote: Means of Communication.—Crieff is a post-town. The roads hereabouts are excellent, the Tay-Bridge Road through Glenalmond being particularly notable. The mail and a stage-coach runs between Perth and Sirling every day and passengers can be taken to the canal for onward travel to Glasgow. There is also a coach from Crieff to Edinburgh that goes by Gleneagles, and there are carriers to Glasgow as well as to Edinburgh by Stirling and by Dunfermline. Other carriers go to Perth and ones from Comrie, Killin, and Aberfeldy pass through.
The bridges have mostly been built by subscription. That in Crieff was built in the 1690’s out of unused church funds. In 1715 one of the arches was broken down by the Highlanders to impede pursuit. When rebuilt a frame from another bridge must have been used as the new arch is out of keeping with the other arches.
He refers to surveys that had been made both for a canal between Perth and Lochearn, and a railway between Perth and Crieff. The idea of a canal has been dropped but it is hoped that the railway will be built.
Plans for a gas manufactory have been dropped.
Page 525 Fairs.—Weekly market. In the past there were three fairs but as Crieff is in such a central location fairs from neighbouring parishes have been transferred here so that there are now nine in total for the sale of livestock, farm produce etc.
Inns, Alehouses, Etc.—The main inn The Drummond Arms is very busy and offers fine accommodation. There are 48 spirit licences held in the parish, which is twice what is needed.
Fuel.—Coal is brought in from Bannockburn, Dollar etc.
1838
However there was a Turnpike Trust that ran the road Crieff to Perth via Longcauseway so it may have been that one. The road is now unclassified.
http://www.oldroadsofscotland.com/1859% ... .htm#perth
https://www.google.co.uk/maps/dir/56.37 ... !5i1?hl=en
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