Important People of Scottish Access 13 Adam Black (1784-1874) Archibald Eneas Robertson (1870-1958) Arthur W Russell (1873-1967)
The Bookshelf 35 Welcome to The Bookshelf Legislation Legislation 1840-1849 Legislation 1860-1869 Legislation 1890-1899 Guidance on Legislation Guidance on Legislation 1990-1999 Guidance on Legislation 2000-2009 Guidance on Legislation 2010-2019 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 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
About Access Rights 46 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 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?
Court Cases 145 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 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 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 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 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 Procedural issues Alexander v Picken Alston v Ross Hope v Landward District Committee of the Parish Council of Inveresk Public and private rights of way – ancillary rights and burdens Allan v McLachlan Lord Burton v Mackay McRobert v Reid 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. 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. 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 Occupiers’ liability: Cases involving children Dawson v Scottish Power Glasgow Corporation v Taylor Jolley v Sutton London Borough Council 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
History 20 175th Anniversary 1844 The beginning of ScotWays 1964 When figure 740 changed the face of path signs
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
Signposting 5 1964 When figure 740 changed the face of path signs A Signposting Tour of the Cairngorms ScotWays’s Oldest Standing Signpost
#RespectProtectEnjoy 3 A different way to get there or doing something different. Different Ways Places to Visit