Scottish Rights of Way & Access Society

  • Outdoor Access
    • Introduction
    • Signposting
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    • Maps and Leaflets
    • Catalogue of Rights of Way
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  • Who We Are
    • Introduction
    • Our History
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    • Contact Us
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Important People of Scottish Access

  • 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

  • Hello, my name is Ken.

Court Cases

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • A different way to get there or doing something different.
  • Different Ways
  • Places to Visit
  • Home
  • Ask Ken
  • Heritage Paths
  • About Types of Heritage Paths
  • Leisure Paths

Leisure Paths

Much of life in Scotland, and of the people we have been looking at earlier in this book, was about work, religion and wars. Few people had the time and money to indulge in lengthy frivolous pursuits such as walking for long distances. There are of course some exceptions such as John, the Water Poet who travelled Scotland penniless in the 16th century so that he could write a book on his experiences and historical figures like Martin Martin who travelled all over including St Kilda in the 17th century and Johnson and Boswell in the 18th but these are rare exceptions. There certainly were not enough people travelling for leisure for whom to justify building paths and roads.

However, in the 19th century, a section of the population acquired a degree of affluence that allowed them to pursue pastimes such as stalking and hill climbing that led to the building of a number of paths and tracks. The former were built by the estate owners for themselves and paying tenants while the latter were developed over time by enthusiastic walkers. It was during this period that large parts of the countryside started to be formally sectioned with the express intention of keeping thousands of acres completely private. Of course, deer parks had been bounded by dykes since the medieval period but it was the nineteenth century before ghillies were employed to patrol the boundaries. This is the time of John Buchan’s John McNab when the countryside is ruled by old Scottish families proud of their history and power, nouveau-riche keen to replicate that power and foreign seasonal tenants, such as the American Walter Winans who rented the land from Cannich to Kintail each summer in the 1880s and posted sentries to intercept travellers, who were used to having this level of privacy.

It was in this context of increasing privatisation of the land and conflict between landowners and access-takers that access societies began to spring up around the country. One, the Association for the Protection of Public Rights of Roadway in and Around Edinburgh was formed in 1845. A member of this group was John Balfour, a professor of botany at Edinburgh University who organised field trips for his students in the Highlands each summer. In 1847 he and his students were chased away down Glen Tilt by the Duke of Atholl and his Ghillies. Shortly afterwards the new society took the Duke to court and had the route vindicated as a right of way enabling unhindered transport along this route for the public ever since. This cemented the role of this group in protecting access rights throughout Scotland and, forty years later, it changed its name to the Scottish Rights of Way and Recreation Society. Around this time Walter Smith led a party from the Society up Jock’s Road to install signposts and were turned away by a member of new money class, Duncan MacPherson. Again the cause was taken up by the Society but the costly litigation bankrupted both the Society and MacPherson.

More recently, the Duke of Atholl attempted to block access to the ancient Minigaig in the 1990s and the Land Reform (Scotland) Act 2003 has given the public a right to access much of the countryside but access disputes still occur with sad regularity and the cost to fight these has never become affordable. Only the most daring local authorities take these fights on with commendable success for both Fife Council in Fife v Nisbetts and Stirling Council in Stirling v Snowie.

Much of this outdoor leisure activity was still being partaken by the wealthier sections of society and it wasn’t really until the 1930s when books such as those by Seton Gordon popularised getting outdoors to the masses. This was the period when heading into the Trossachs from Glasgow became a popular pastime with working class people, such a constant stream was there that a fire was kept at Craigallion on the way and was said to never go out as people heading north and south kept it going. This was a time when the Rev. A. E. Robertson, who had climbed all the Munros except Ben Wyvis by 1901, chaired the Scottish Rights of Way and Recreation Society. Robertson was a minister from an affluent background and fitted the stereotype of old money in John McNab. He might have approved of the working class access boom but was less approving of the attitude of taking access – his approach to conflicts was to negotiate and publicise rather than fight. He published a pamphlet (a precursor to this book) titled Old tracks, cross-country routes and coffin roads in the North West Highlands in the Scottish Mountaineering Club journal and revived the signposting activity the Society had started in the 1880s – the Society is well known for their green signs with white lettering, which were the first path signs for specifically leisure purposes in the world. In this respect, Robertson was an important factor in getting ordinary people out and about

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Updated on 22 January 2022
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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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