Frequently Asked Questions
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Cases under the Land Reform (Scotland) Act 2003
- Renyana Stahl Anstalt v Loch Lomond and The Trossachs National Park Authority Appeal Decision
- Law Society of Scotland v Scottish Legal Complaints Commission
- Caledonian Heritable Ltd v East Lothian Council
- Gloag v Perth & Kinross Council and the Rambler’s Association
- Snowie v Stirling Council and Ramblers Association Lindsay and Barbara Ross v Stirling Council
- Tuley v Highland Council
- Williamson v Highland Activities Limited
- Forbes v Fife Council
- Aviemore Highland Resort v Cairngorms National Park Authority
- Creelman v Argyll & Bute Council
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Creation of public rights of way – need for public place end points
- Marquis of Bute v McKirdy & McMillan
- Leith-Buchanan v Hogg
- Smith v Saxton
- Jenkins v Murray
- Magistrates of Dunblane v Arnold-McCulloch
- Cuthbertson v Young
- Darrie v Drummond
- Scott v Drummond
- Duncan v Lees
- Lauder v MacColl
- Oswald v Lawrie
- Midlothian Council v Crolla
- Melfort Pier Holidays Ltd v The Melfort Club and Others
- Wood v North British Railway
- Wills Trustees v Cairngorm Canoeing and Sailing School Ltd
- Rhins District Committee of the County Council of Wigtownshire v Cunninghame
- Wilson v Jamieson
- Strathclyde (Hyndland) Housing Society Ltd v Cowie
- Cumbernauld & Kilsyth District Council v Dollar Land (Cumbernauld) Ltd
- Scottish Rights of Way & Recreation Society Ltd v Macpherson
- Norrie v Magistrates of Kirriemuir
- Cadell v Stevenson
- McGregor v Crieff Co-operative Society Ltd
- Rome v Hope Johnstone
- Burt v Barclay
- McInroy v Duke of Athole
- Richardson v Cromarty Petroleum Co Ltd
- Magistrates of Elgin v Robertson
- Kinloch’s Trustees v Young
- Ayr Burgh Council v British Transport Commission
- Aberdeen City Council v Wanchoo and Neumann v Hutchison
- Duffield Morgan v Lord Advocate
- Carstairs v Spence
- Mackenzie v Bankes
- Crawford v Lumsden
- Malcolm v Lloyd
- Macfarlane v Morrison & Others (Robertson’s Trustees)
- Aberdeenshire Council v Lord Glentanar
- Fife Council v Nisbet
- Rodgers v Harvie
- Sutherland v Thomson
- Kirkpatrick v Murray
- Hay v Earl of Morton’s Trustees
- Lord Donington v Mair
- Midlothian District Council v MacKenzie
- Graham v Sharpe
- Glasgow and Carlisle Road Trustees v Whyte
- Macdonald v Watson
- Anderson v Earl of Morton
- Earl of Morton v Anderson
- Aitchison v India Tyre & Rubber Co.
- Stewart, Pott & Co. v Brown Brothers & Co
- Geils v Thomson
- Lanarkshire Water Board v Gilchrist
- Drury v McGarvie
- Glasgow and Carlisle Road Trustees v Tennant
- Soriani v Cluckie
- Alston v Ross
- Alexander v Picken
- Torrie v Duke of Atholl
- Macfie v Scottish Rights of Way and Recreation Society Limited
- Potter v Hamilton
- Nairn v Speedie
- Hope v Landward District Committee of the Parish Council of Inveresk
- McRobert v Reid
- Lord Burton v Mackay
- Allan v McLachlan
- Preston’s Trustees v Preston
- Milne v Inveresk Parish Council
- Moncrieff v Jamieson
- The Ramblers Association v The Secretary of State for Environment, Food and Rural Affairs (and Others)
- Kinross County Council v Archibald
- Ayr Harbour Trustees v Oswald
- Oban Town Council v Callander & Oban Railway
- Ellice’s Trustees v Commissioners for the Caledonian Canal
- Edinburgh Corporation v North British Railway Co.
- British Transport v Westmoreland County Council
- Lord Advocate v Strathclyde Regional Council and Lord Advocate v Dumbarton District Council
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Public rights of way and ‘roads’ under the Roads (Scotland) Act 1984
Relationship of public rights of way with private servitude rights of way
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Navigation rights
- Kames Bay Case – Petition of the Crown Estate Commissioners
- Wills Trustees v Cairngorm Canoeing and Sailing School Ltd
- Crown Estate Commissioners v Fairlie Yacht Slip Ltd.
- Denaby and Cadeby Main Collieries Ltd v Anson
- Campbell’s Trustees v Sweeney
- Colquhoun’s Trustees v Orr Ewing & Co
- Walford v David
- Ellerman Lines Ltd v Clyde Navigation Trustees
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Cases relating to contributory negligence
Liability of recreational users to one another
- Anthony Phee v James Gordon & Niddry Castle Golf Club 4 November 2011
- Milne v Duguid
- Pearson v Lightning
- Michael Leonard v The Loch Lomond and The Trossachs National Park Authority
- Prosecution by the Health & Safety Executive Dunoon Sheriff Court, 18th August 2010
- Anderson v The Scottish Ministers
- Fegan v Highland Regional Council
- Graham v East of Scotland Water
- Duff v East Dunbartonshire Council
- Strachan v Highland Council
- Brown v South Lanarkshire Council
- Trueman v Aberdeenshire Council
- Marshall v North Ayrshire Council
- Tomlinson v Congleton Borough Council
- Johnstone v Sweeney
- McCluskey v Lord Advocate
- Lang v Kerr Anderson & Co.
- Wright v Nevis Range Development Company
- Glasgow Corporation v Taylor
- Stevenson v Glasgow Corporation
- Jolley v Sutton London Borough Council
- Dawson v Scottish Power
- McCondichie v Mains Medical Centre
- Poppleton v Peter Ashley Activities Centre
- Porter v Borders Council
- Carol Rohan Beyts v Trump International Golf Club Scotland Limited
- Law Society of Scotland v Scottish Legal Complaints Commission
- R v Howard
- Neizer v Rhodes
Legislation
- Legislation 2020-2029
- Legislation 2010-2019
- Legislation 2000-2009
- Legislation 1960-1969
- Legislation 1970-1979
- Legislation 1980-1989
- Legislation 1990-1999
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Land Management
Path Management
- Path Management 1980-1989
- Path Management 1990-1999
- Path Management 2000-2009
- Path Management 2010-2019
- Surveys of Rights of Way, Access and Procedures 2000-2009
- Surveys of Rights of Way, Outdoor Access and Procedures 2010-2019
- Surveys of Rights of Way, Access and Procedures 1980-1989
Rights of Way
- Do public rights of way exist in Scotland?
- How does a route become a right of way?
- Is there any need for rights of way, now that there is freedom of access?
- Is there any record of rights of way in Scotland?
- Can I ride my motorbike on a right of way or take it off road?
- My neighbour says he has a right to go along the path at the back of my house. Could this be a public right of way?
- There is a planning application for a housing development that will block a well-used path. Local people think that it is a right of way. What can be done?
- There is a proposal for a windfarm development that will be close to a well-used right of way. What can be done?
- There is a path close to my house which local people say is a right of way. Can I divert the route so as to protect my privacy?
- A local landowner has fenced off a path that is well used by local people, and has put up a sign saying No trespassers’. What can I do about it?
- Horse riders are using a local path and churning it up so that it is difficult for walkers to use. What can be done?
- Private Signs, Private Roads, Public Roads, What’s the difference?
- Where can I cycle?
- Where Can I Ride or Drive my Horse?
- Who’s responsible for path maintenance?
- Rights of access to land
- What does behaving responsibly mean?
- A Brief History of Access Rights
- The Scottish Outdoor Access Code, A Replacement for the Country Code
- Is there any need for rights of way, now that there is freedom of access?
- Can I ride my motorbike on a right of way or take it off road?
- What activities are covered by rights of access?
- What activities are not covered by rights of access?
- Where do access rights not apply?
- What are core paths?
- What is a Local Access forum?
- What happens when there is a dispute about whether, or how, the rights of access apply?
- Who should I contact if I have a problem about access rights?
- Are access rights different in Scotland from those in England and Wales?
- A local landowner has fenced off a path that is well used by local people, and has put up a sign saying No trespassers’. What can I do about it?
- Horse riders are using a local path and churning it up so that it is difficult for walkers to use. What can be done?
- Private Signs, Private Roads, Public Roads, What’s the difference?
- Where can I cycle?
- Can I go wild camping in Scotland?
- Where Can I Ride or Drive my Horse?
- Who’s responsible for path maintenance?
- Right to Roam Timeline
- The Coming of Access Rights
- Rights of access to land
About Types of Heritage Paths
- Heritage Paths Introduction
- Roman Roads
- Medieval Roads
- Pilgrimage Routes
- Military Roads
- Trade Routes
- Fish Roads
- Salters’ Roads
- Postie Paths
- Drove Roads
- Traveller Routes
- Public works and private enterprise: moving towards the modern transport system
- Leisure Paths
- Religious Routes
- Coffin Roads
