I’m still trying to get this declared as a right of way as it’s has met all requirements, last update from the council was ;

I think as far as general access rights under the Land Reform (Scotland) Act 2003 go it could be difficult to state that they currently apply. The wall alongside the church would have separated it from the car park but with that gone there is no clear curtilage or privacy zone for the church now and the car park and church now sit on the same ground.

With regard to right of way status, it would seem to hinge on whether for the last 20 years one or both gates were locked or not. The church is telling me that to their knowledge, gates were locked from as far back as 1965. On the other hand you are saying that you and others would testify to there having been unhindered access over the last 20 years until the recent locking of gates. (I’m assuming you mean 24hr permanent unhindered access?) I’m sure you can appreciate that this makes it very difficult to determine what exactly the situation was.  

Since this last update we have found out that the chapel car park is 25ft into our land to the front of the houses facing the car park. The priest obviously knows this and sent me an email offering the use of the right of way by consent which he can withdraw anytime and then there is no right of way.

Also in his email he asks us as neighbours as part of that deal to accept that the land belongs to then, basically ceding that large piece of land 25ft x the length of the street for free, part of the chapel’s message to me below; it 

I am willing and happy to go back to the situation we had for almost three years since I arrived here. If you can accept and recognise that the land is solely church property, and it is at the discretion only of the parish priest how it is used, then I will return to keeping the gate at Croft open, on the following conditions, which are non-negotiable for me:

1.         Your vehicles will remain outside the church carpark at all times

2.         Your children will leave the carpark when a Mass or service is on and when the main gates are being closed

3.         That the gate to Croft will be locked from late morning on Christmas Day through to the morning of 27th December or in the following situations:

4.         If church property is damaged or abused, or there is a likeliness of damage, abuse or injury, then the gates will again be closed

This to me would mean that probably an excuse would arise and consent would be withdrawn and as we would be using it by consent we would have no rights to use the  land anymore.

I’ve explained to the chapel that this does not interest us at all as we have a right to use it already. 
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