Public rights of way and private servitude rights of way
Because the principles in relation to public rights of way overlap with private servitude rights of way, they have been placed together in one section
- Creation of public rights of way – need for public place end points
- Creation of public rights of way – use as of right by the public for the prescriptive period
- Creation of rights of way – interruption of the prescriptive period
- Different kinds of use of rights of way
- Need for a particular line for public rights of way
- Obstruction of rights of way
- Procedural issues
- Public and private rights of way – ancillary rights and burdens
- Relationship of public rights of way with private servitude rights of way and with ‘roads’ under the Roads (Scotland) Act 1984
- Rights of way – land owned by statutory undertakers or the Crown
