A sheriff is expected to make a ruling on a long-running dispute over fishermen getting access to a historic Aberdeen harbour later this year.
Fishermen have used the small bay at Cove Harbour since the 19th century but Pralhad Kolhe , who owns part of the land, wants them to remove their boats from the area.
The plastic surgeon bought a house overlooking the coastal site in 1992 and acquired further land around the property almost a decade later.
He made his first request for the small boats to be taken from the harbour four years ago but fishermen refused to leave.
The long-running battle has now ended up in the hands of the court and one of the final stages of the civil case was heard at Aberdeen Sheriff Court yesterday.
Several members of the Cove Fishermen’s Association previously gave evidence, claiming they had used the area since childhood and had never had to ask for permission.
Dr Kolhe declined to give evidence before the hearing.
Yesterday a large part of the legal debate rested on whether the contested area constitutes part of private property or a public place.
Representing the fishermen, solicitor Malcolm Mackay argued that it was open to the public.
He described it as a route “between two public places”, with the sea being at the end of the area in dispute.
But Dr Kolhe’s solicitor, Robert Sutherland, said this was not the case.
The court heard that private land could be legally accessed by the public if it was used continuously by members of the public.
Mr Sutherland said: “I do not dispute that the pier in this case could eventually be a public place. It has not been established that the area is a public place.
“It has been in private ownership continuously.”
Mr Sutherland highlighted Edinburgh Wavery railway station as an example of private land being surrounded by public spaces.
And he noted that the station was closed between 1am and 5am to prevent people moving between two streets.
The solicitor also brought up the Ministry of Denfence as an example stating that the body closed down certain roads for one day a year to retain its private land ownership powers.
Sheriff Andrew Miller adjourned proceedings to allow himself time to make a decision.
He said: “I am aware that the issue of great interest not just for Mr Kohle but for many members of the public in Cove.”
