Scottish Rights of Way and Access Society

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Outdoor Access
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Ask Ken

I’m Ken, the ScotWays Knowledge Base

Ask Me Your Outdoor Access Question

Court Cases on Ken

3

An outline of the Scottish Courts System
The Authority of Case Law
The Complexity of the Law

About Access Rights

9

#RespectProtectEnjoy
Access Rights FAQ
Development Proposals and Outdoor Access
Moving and Closing Paths
Path Maintenance
Private Signs, Private Roads, Public Roads, What’s the difference?
Rights of Access to Land
Rights of Way and Motor Vehicles
Statutory Access Rights
- No Right of Access to Land in Scotland through the Scottish Outdoor Access Code

Cases under the Land Reform (Scotland) Act 2003

11

Aviemore Highland Resort v Cairngorms National Park Authority
Caledonian Heritable Ltd v East Lothian Council
Creelman v Argyll & Bute Council
Forbes v Fife Council
Gloag v Perth & Kinross Council and the Rambler’s Association
Judicial Review: Petition of GREGORY BROWN for review of a decision by GLASGOW CITY COUNCIL (Cathkin Park, Glasgow)
Law Society of Scotland v Scottish Legal Complaints Commission
Renyana Stahl Anstalt v Loch Lomond and The Trossachs National Park Authority Appeal Decision
Snowie v Stirling Council and Ramblers Association Lindsay and Barbara Ross v Stirling Council
Tuley v Highland Council
Williamson v Highland Activities Limited

Public rights of way and private servitude rights of way

88

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
- Mann v Brodie
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
- Public rights of way and ‘roads’ under the Roads (Scotland) Act 1984
- Relationship of public rights of way with private servitude rights of way
Rights of way – land owned by statutory undertakers or the Crown

Heritage Paths

18

Heritage Paths Introduction
Historic Footpaths
The Launch of the Heritage Paths website
About Types of Heritage Paths

The Bookshelf

9

About The Bookshelf
Guidance on Legislation
Legislation
Responsible Access
Surveys of Rights of Way, Outdoor Access and Procedures
Rights of Way and Outdoor Access Management

Navigation rights and rights in relation to the foreshore

11

Navigation rights
Rights in relation to the foreshore

History

35

Historic Footpaths
The Launch of the Heritage Paths website
History of Access
History of ScotWays
Important People of Scottish Access
Signposting

Scottish Hill Tracks

2

Scottish Hill Tracks – the 100+ year story
Scottish Hill Tracks Updates

Liability

29

Cases relating to contributory negligence
- Smith v Finch
Liability of recreational users to one another
Occupiers’ liability: Cases involving ‘hazards’ in the outdoors
Occupiers’ liability: Cases involving children
Occupiers’ liability: Cases involving facilities/indoor premises
Cases involving animals

Other cases of interest

4

Carol Rohan Beyts v Trump International Golf Club Scotland Limited
Law Society of Scotland v Scottish Legal Complaints Commission
Neizer v Rhodes
R v Howard

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Creating Rights of Way - Interruption of Prescriptive Period

Mann v Brodie

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The Scottish Rights of Way & Access Society. Upholding Public Access.
Registered Office: 24 Annandale Street, Edinburgh, EH7 4AN. Tel: 0131 558 1222.
A company limited by guarantee, registered in Scotland. Company number 24243.
Scottish Charity number SC015460.
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