Scottish Rights of Way & Access Society

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Important People of Scottish Access

12

Important People of Scottish Access – Adam Black (1784-1874)
Important People of Scottish Access – Archibald Eneas Robertson (1870-1958)
Important People of Scottish Access – Arthur W Russell (1873-1967)
Important People of Scottish Access – Donald Bennet (1928-2013)
Important People of Scottish Access – Donald Grant Moir (1902-1986)
Important People of Scottish Access – John George Bartholomew (1860-1920)
Important People of Scottish Access – John Hutton Balfour (1808-1884)
Important People of Scottish Access – Professor Sir Robert (Bob) Grieve (1910 -1995)
Important People of Scottish Access – Rennie McOwan (1933-2018)
Important People of Scottish Access – Viscount James Bryce (1838-1922)
Important People of Scottish Access – Walter Arthur Smith (1852-1934)
Important People of Scottish Access – William Ferris (1894-1963)

Introducing Ken

1

Hello, my name is Ken.

Court Cases

144

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

Cases under the Land Reform (Scotland) Act 2003

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
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

Creation of public rights of way – need for public place end points

Cuthbertson v Young
Darrie v Drummond
Duncan v Lees
Jenkins v Murray
Lauder v MacColl
Leith-Buchanan v Hogg
Magistrates of Dunblane v Arnold-McCulloch
Marquis of Bute v McKirdy & McMillan
Melfort Pier Holidays Ltd v The Melfort Club and Others
Midlothian Council v Crolla
Oswald v Lawrie
Scott v Drummond
Smith v Saxton
Wood v North British Railway

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

Aberdeen City Council v Wanchoo and Neumann v Hutchison
Ayr Burgh Council v British Transport Commission
Burt v Barclay
Cadell v Stevenson
Cumbernauld & Kilsyth District Council v Dollar Land (Cumbernauld) Ltd
Duffield Morgan v Lord Advocate
Kinloch’s Trustees v Young
Magistrates of Elgin v Robertson
McGregor v Crieff Co-operative Society Ltd
McInroy v Duke of Athole
Norrie v Magistrates of Kirriemuir
Rhins District Committee of the County Council of Wigtownshire v Cunninghame
Richardson v Cromarty Petroleum Co Ltd
Rome v Hope Johnstone
Scottish Rights of Way & Recreation Society Ltd v Macpherson
Strathclyde (Hyndland) Housing Society Ltd v Cowie
Wills Trustees v Cairngorm Canoeing and Sailing School Ltd
Wilson v Jamieson

Creation of rights of way – interruption of the prescriptive period

Mann v Brodie

Different kinds of use of rights of way

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

Need for a particular line for public rights of way

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

Obstruction of rights of way

Aitchison v India Tyre & Rubber Co.
Anderson v Earl of Morton
Drury v McGarvie
Earl of Morton v Anderson
Fife Council v Nisbet
Geils v Thomson
Glasgow and Carlisle Road Trustees v Tennant
Glasgow and Carlisle Road Trustees v Whyte
Graham v Sharpe
Hay v Earl of Morton’s Trustees
Kirkpatrick v Murray
Lanarkshire Water Board v Gilchrist
Lord Donington v Mair
Macdonald v Watson
Midlothian District Council v MacKenzie
Rodgers v Harvie
Soriani v Cluckie
Stewart, Pott & Co. v Brown Brothers & Co
Sutherland v Thomson

Procedural issues

Alexander v Picken
Alston v Ross
Hope v Landward District Committee of the Parish Council of Inveresk
Macfie v Scottish Rights of Way and Recreation Society Limited
Nairn v Speedie
Potter v Hamilton
Torrie v Duke of Atholl

Public and private rights of way – ancillary rights and burdens

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

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

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

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

Alvis v Harrison
McGavin v McIntyre
Thomson v Murdoch

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

Ayr Harbour Trustees v Oswald
British Transport v Westmoreland County Council
Edinburgh Corporation v North British Railway Co.
Ellice’s Trustees v Commissioners for the Caledonian Canal
Kinross County Council v Archibald
Lord Advocate v Strathclyde Regional Council and Lord Advocate v Dumbarton District Council
Oban Town Council v Callander & Oban Railway
The Ramblers Association v The Secretary of State for Environment, Food and Rural Affairs (and Others)

Navigation rights and rights in relation to the foreshore

Navigation rights

Campbell’s Trustees v Sweeney
Colquhoun’s Trustees v Orr Ewing & Co
Crown Estate Commissioners v Fairlie Yacht Slip Ltd.
Denaby and Cadeby Main Collieries Ltd v Anson
Ellerman Lines Ltd v Clyde Navigation Trustees
Kames Bay Case – Petition of the Crown Estate Commissioners
Walford v David
Wills Trustees v Cairngorm Canoeing and Sailing School Ltd

Rights in relation to the foreshore

Leith-Buchanan v Hogg
Marquis of Bute v McKirdy & McMillan
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

Anderson v The Scottish Ministers
Brown v South Lanarkshire Council
Duff v East Dunbartonshire Council
Fegan v Highland Regional Council
Graham v East of Scotland Water
Johnstone v Sweeney
Lang v Kerr Anderson & Co.
Marshall v North Ayrshire Council
McCluskey v Lord Advocate
Michael Leonard v The Loch Lomond and The Trossachs National Park Authority
Prosecution by the Health & Safety Executive Dunoon Sheriff Court, 18th August 2010
Strachan v Highland Council
Tomlinson v Congleton Borough Council
Trueman v Aberdeenshire Council
Wright v Nevis Range Development Company

Occupiers’ liability: Cases involving children

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

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

Gardiner v Miller
Shirley McKaskie v John Cameron
Welsh v Brady

Other cases of interest

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

The Bookshelf

30

Welcome to The Bookshelf

Legislation

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

Guidance on Legislation

Guidance on Legislation 1990-1999
Guidance on Legislation 2000-2009
Guidance on Legislation 2010-2019
Guidance on Legislation 2020-2029

Responsible Access

Publications on Responsible Access 1990-1999
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
Path Management 2020-2029

People Management

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

Signposting

Signposting and Interpretation 1990-1999
Signposting and Interpretation 2010-2019
Signposting and Interpretation 2020-2029

Surveys of Rights of Way, Access and Procedures

Surveys of Rights of Way, Outdoor Access and Procedures 1980-1989
Surveys of Rights of Way, Outdoor Access and Procedures 1990-1999
Surveys of Rights of Way, Outdoor Access and Procedures 2000-2009
Surveys of Rights of Way, Outdoor Access and Procedures 2010-2019

About Access Rights

40

What are Outdoor Access Rights?

Rights of Way

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?
Can I ride my motorbike on a right of way or take it off road?
Development Proposals and Outdoor Access
Do public rights of way exist in Scotland?
Horse riders are using a local path and churning it up so that it is difficult for walkers to use. What can be done?
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?
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?
Private Signs, Private Roads, Public Roads, What’s the difference?
Rights of access to land
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?
There is a proposal for a windfarm development that will be close to a well-used right of way. What can be done?
Where can I cycle?
Where Can I Ride or Drive my Horse?
Who’s responsible for path maintenance?

Statutory Access Rights

A Brief History of Access Rights
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?
Are access rights different in Scotland from those in England and Wales?
Can I go wild camping in Scotland?
Can I ride my motorbike on a right of way or take it off road?
Horse riders are using a local path and churning it up so that it is difficult for walkers to use. What can be done?
Is there any need for rights of way, now that there is freedom of access?
Private Signs, Private Roads, Public Roads, What’s the difference?
Right to Roam Timeline
Rights of access to land
The Coming of Access Rights
The Scottish Outdoor Access Code, A Replacement for the Country Code
What activities are covered by rights of access?
What activities are not covered by rights of access?
What are core paths?
What does behaving responsibly mean?
What happens when there is a dispute about whether, or how, the rights of access apply?
What is a Local Access forum?
Where can I cycle?
Where Can I Ride or Drive my Horse?
Where do access rights not apply?
Who should I contact if I have a problem about access rights?
Who’s responsible for path maintenance?

History

17

175th Anniversary
1844 The beginning of ScotWays
1964 When figure 740 changed the face of path signs
A Brief History of Access Rights
Boardwalks, the oldest types of constructed path
Historic Footpaths
Right to Roam Timeline
ScotWays’s Oldest Standing Signpost
The Association for the Protection of Public Rights of Roadway in and Around Edinburgh
The Bedford Memorial Bridge
The Changing Face of ScotWays Signs
The Coming of Access Rights
The First ScotWays Signposts
The History of ScotWays
The Launch of the Heritage Paths website
Welcome the Scottish Rights of Way and Recreation Society Limited
What’s in a name?

Scottish Hill Tracks

19

Scottish Hill Tracks ~ Overview
SECTION 11: Glen Coe & Appin
SECTION 13: Loch Leven to Glen Spean
SECTION 14: Ardgour, Moidart & Morven
SECTION 15: West Mounth & Sidlaw Hills
SECTION 17: Cairngorms
SECTION 19: Monadh Liath
SECTION 2: Central & South-West Borders
SECTION 20: Loch Eil to Glen Shiel
SECTION 21: Glen Affric, Kintail & Strathfarrar
SECTION 22: Mull & Skye
SECTION 23: Wester Ross
SECTION 24: Caithness, Sutherland & Easter Ross
SECTION 3: Lammermuir & Moorfoot Hills
SECTION 4: Pentland Hills
SECTION 5: Clydesdale & Lowther Hills
SECTION 6: Galloway & South Ayrshire
SECTION 7: Arran, Inverclyde & North Ayrshire
SECTION 9: Southern Highlands

Heritage Paths

18

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

About Types of Heritage Paths

Coffin Roads
Drove Roads
Fish Roads
Heritage Paths Introduction
Leisure Paths
Medieval Roads
Military Roads
Pilgrimage Routes
Postie Paths
Public works and private enterprise: moving towards the modern transport system
Religious Routes
Roman Roads
Salters’ Roads
Trade Routes
Traveller Routes

Signposting

5

1964 When figure 740 changed the face of path signs
A Signposting Tour of the Cairngorms
ScotWays’s Oldest Standing Signpost
The Changing Face of ScotWays Signs
The First ScotWays Signposts

#RespectProtectEnjoy

3

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

Path Design

Path Management 2020-2029
Path Management 2010-2019
Who’s responsible for path maintenance?
Path Management 2000-2009
Path Management 1990-1999
Path Management 1980-1989

Privacy Policy & Cookies Terms & Conditions of Business Website Terms & Conditions

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.
VAT registration number 221 6132 56.
©2000-
Website by Digital Routes Ltd