Scottish Rights of Way & Access Society

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Introducing Ken

1

Hello, my name is Ken.

Important People of Scottish Access

12

Important People of Scottish Access – Adam Black (1784-1874)
Important People of Scottish Access – John Hutton Balfour (1808-1884)

Court Cases

144

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

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

Public rights of way and private servitude rights of way

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

Creation of public rights of way – use as of right by the public for the prescriptive period

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

Creation of rights of way – interruption of the prescriptive period

Mann v Brodie

Different kinds of use of rights of way

Carstairs v Spence
Mackenzie v Bankes
Crawford v Lumsden
Malcolm v Lloyd
Macfarlane v Morrison & Others (Robertson’s Trustees)
Aberdeenshire Council v Lord Glentanar

Need for a particular line for public rights of way

Mackintosh v Moir
Home Drummond & Another (Petitioners)
Hozier v Hawthorne

Obstruction of rights of way

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

Procedural issues

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

Public and private rights of way – ancillary rights and burdens

McRobert v Reid
Lord Burton v Mackay
Allan v McLachlan
Preston’s Trustees v Preston
Milne v Inveresk Parish Council
Moncrieff v Jamieson

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

Hamilton v Nairn
Hamilton v Dumfries & Galloway Council
Davidson v Earl of Fife

Relationship of public rights of way with private servitude rights of way

Thomson v Murdoch
McGavin v McIntyre
Alvis v Harrison

Rights of way – land owned by statutory undertakers or the Crown

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

Navigation rights and rights in relation to the foreshore

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

Rights in relation to the foreshore

Marquis of Bute v McKirdy & McMillan
Leith-Buchanan v Hogg
Officers of State v Smith

Liability

Cases relating to contributory negligence

Smith v Finch

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

Occupiers’ liability: Cases involving ‘hazards’ in the outdoors

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

Occupiers’ liability: Cases involving children

Glasgow Corporation v Taylor
Stevenson v Glasgow Corporation
Jolley v Sutton London Borough Council
Dawson v Scottish Power

Occupiers’ liability: Cases involving facilities/indoor premises

McCondichie v Mains Medical Centre
Poppleton v Peter Ashley Activities Centre
Porter v Borders Council

Cases involving animals

Welsh v Brady
Shirley McKaskie v John Cameron
Gardiner v Miller

Other cases of interest

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

The Bookshelf

25

Welcome to The Bookshelf

Legislation

Legislation 2020-2029
Legislation 2010-2019
Legislation 2000-2009
Legislation 1960-1969
Legislation 1970-1979
Legislation 1980-1989
Legislation 1990-1999

Guidance on Legislation

Guidance on Legislation 1990-1999
Guidance on Legislation 2000-2009
Guidance on Legislation 2010-2019

Responsible Access

Publications on Responsible Access 2000-2009
Publications on Responsible Access 2010-2019

Rights of Way and Outdoor Access Management

Land Management

Managing Land for Outdoor Access 2000-2009

Path Management

Path Management 1980-1989
Path Management 1990-1999
Path Management 2000-2009
Path Management 2010-2019

People Management

Managing the Public 2000-2009
Managing the Public 2010-2019

Signposting

Signposting and Interpretation 1990-1999
Signposting and Interpretation 2010-2019

Surveys of Rights of Way, Access and Procedures

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

About Access Rights

36

What are Outdoor Access Rights?

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?

Statutory Access Rights

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?

History

12

The History of ScotWays
175th Anniversary

Scottish Hill Tracks

19

Scottish Hill Tracks ~ Overview
SECTION 2: Central & South-West Borders

Heritage Paths

17

Heritage Paths Introduction
The Launch of the Heritage Paths website

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

Signposting

5

1964 When figure 740 changed the face of path signs
A Signposting Tour of the Cairngorms

#RespectProtectEnjoy

3

Different Ways
A different way to get there or doing something different.

CROW

Is there any record of rights of way in Scotland?
Do public rights of way exist in Scotland?

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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.
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Scottish Charity number SC015460.
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