Scottish Rights of Way and Access Society

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About Access Rights

33
  • #RespectProtectEnjoy
  • Rights of Way FAQ
  • What are Outdoor Access Rights?
  • Rights of Way
    • 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
    • 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?
    • Horse riders are using a local path and churning it up so that it is difficult for walkers to use. What can be done?
    • Moving and Closing Paths
    • No Right of Access to Land in Scotland through the Scottish Outdoor Access Code
    • Path Maintenance
    • Private Signs, Private Roads, Public Roads, What’s the difference?
    • Right to Roam Timeline
    • Rights of Access to Land
    • Rights of Way and Motor Vehicles
    • Snares and traps in the Countryside
    • The Coming of Statutory 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?
    • What is the National Access Forum?
    • Where do access rights not apply?
    • Who should I contact if I have a problem about access rights?

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
    • Land Management
    • Path Management
    • People Management
    • Signposting and Interpretation

Court Cases

146
  • An outline of the Scottish Courts System
  • The Authority of Case Law
  • The complexity of the 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
    • 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
    • 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

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

History

36
  • Historic Footpaths
  • The Launch of the Heritage Paths website
  • History of Access
    • A Brief History of Access Rights
    • Boardwalks, the oldest types of constructed path
    • Right to Roam Timeline
    • The Bedford Memorial Bridge
    • The Coming of Statutory Access Rights
    • The Scottish Outdoor Access Code, A Replacement for the Country Code
    • What is the National Access Forum?
  • History of ScotWays
    • 175th Anniversary
    • 1844 The beginning of ScotWays
    • Scottish Hill Tracks – the 100+ year story
    • The Association for the Protection of Public Rights of Roadway in and Around Edinburgh
    • The Bedford Memorial Bridge
    • The History of ScotWays
    • Welcome the Scottish Rights of Way and Recreation Society Limited
    • What’s in a name?
    • You are invited to the opening of the Rev A. E. Robertson Memorial Bridge
  • Important People of Scottish Access
    • Adam Black (1784-1874)
    • Archibald Eneas Robertson (1870-1958)
    • Arthur W Russell (1873-1967)
    • Donald Bennet (1928-2013)
    • Donald Grant Moir  (1902-1986)
    • John George Bartholomew (1860-1920)
    • John Hutton Balfour (1808-1884)
    • Professor Sir Robert (Bob) Grieve (1910 -1995)
    • Rennie McOwan (1933-2018)
    • Tom Weir (1914-2006)
    • Viscount James Bryce (1838-1922)
    • Walter Arthur Smith (1852-1934)
    • William Ferris (1894-1963)
  • 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

Scottish Hill Tracks

2
  • Scottish Hill Tracks – the 100+ year story
  • Scottish Hill Tracks Updates
  • Home
  • Ask Ken
  • Court Cases
  • The Authority of Case Law
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The Authority of Case Law

Introduction #

The ScotWays publication Rights of Way: The Authority of Case Law, edited by Alistair Lawson and written with the help of the ScotWays Legal Committee, was first published in 1998. Most of the cases it included were in relation to rights of way and over the years these have been supplemented by cases relating to access rights under Part 1 of the Land Reform (Scotland) Act 2003, and other relevant areas of law. The publication was a companion to Access Rights and Rights of Way: A Guide to the Law in Scotland, also published by ScotWays and this version is a companion to the current ScotWays Guide to The Law of Access to Land in Scotland.

This resource is intended for all those interested in outdoor access or involved in advising access takers and land managers. It is hoped that the summaries will give readers who are non-lawyers an improved understanding of the issues, and give them more confidence when discussing these issues with their legal advisers. Lawyers and law students will also find it a useful starting point for researching this field of law.

This resource provides summaries of court decisions in various fields that have a bearing on outdoor access: access rights, public rights of way, private rights of way (servitudes), liability, and navigation and foreshore rights. Cases relating to access rights and responsibilities under Part I of the Land Reform (Scotland) Act 2003 will be of particular interest. This Part of the Act is written in open terms and, during its evolution, Parliament recognised that the Courts would have a role in clarifying how it would operate.  The largest number of cases concern rights of way. There have been numerous court cases, some dating back to the eighteenth century, and many aroused heated public debate in their time. Private servitude rights of way are included where the principles involved are similar to those in public right of way cases.

Liability cases (the liability of occupiers, and the liability of one access taker to another) have been included because this topic is of increasing interest to land managers and to those taking access. Cases on navigation rights and rights on the foreshore have also been included in order to complete the main areas of law relating to outdoor access.

The Scottish Court Service (SCS) Website has a searchable database of court decisions since 1998. Links to the appropriate full decisions on the SCS website are given where they are available.

Also referenced are some relevant decisions of courts in England and elsewhere. Scottish cases often refer to decisions in other jurisdictions where these are relevant.

The cases referenced here have been divided into five main areas. These can be easily seen in the main Court Case Category. Sub-categories can be found using the tags attached to each case and by using Ken’s search bar at the top of the page.

Cases under the Land Reform (Scotland) Act 2003. #

The court cases that have been brought under this Act have been important in providing guidance on the interpretation of the Act, which came into force on 9 February 2005. The Act gave everyone a right of access to most land and inland water in Scotland for recreation and other purposes, subject to certain exceptions, including allowing for an area of privacy around dwelling houses. A person only has access rights if they are exercised ‘responsibly’ in accordance with the Scottish Outdoor Access Code, drawn up by NatureScot and approved by the Scottish Parliament.

Cases have so far been initiated under two different sections of the Act. Under section 14, a landowner can appeal to the Sheriff Court against a notice that the local authority has served on him in respect of an alleged obstruction of access rights. Under section 28, anyone may apply to the Sheriff Court for a court order in relation to: whether access rights apply on particular land; or whether particular land managers or users have acted responsibly in relation to access; or whether there is a public right of way.

In view of the importance of the cases, most have been summarised in greater detail than cases in other parts of this publication.

Public rights of way and private servitude rights of way. #

Cases involving rights of way continue to come to the courts even after the passing of the Land Reform (Scotland) Act 2003. These cases examine the principles in relation to both public rights of way and private servitude rights of way.

Many of the cases refer to the conditions necessary for establishing a public right of way. In brief, these are as follows:

  1. the route must run from one public place to another public place;
  2. the route must follow a more or less defined line;
  3. the route must have been used openly and peaceably by members of the public otherwise than with the permission, express or implied, of the landowner; and
  4. it must have been so used without substantial and effective interruption for a period of 20 years or more.

The law is examined in detail in the ScotWays publication: The ScotWays Guide to the Law of Access to Land in Scotland

Cases in Ken cover the following areas:

Relationship of public rights of way with private servitude rights of way and with ‘roads’ under the Roads (Scotland) Act 1984 #

Relationship of Public rights of way and private servitude rights of way #

Except in unusual cases where there is an express grant by the landowner, public rights of way are established by prescription when they meet the conditions set out above. Private servitude rights of way are very often set out in title deeds, but can also be gained by prescription. However, different conditions apply: for example, there is no requirement that they should go from one public place to another.

Public rights of way and ‘roads’ under the Roads (Scotland) Act 1984 #

Public rights of way are ‘roads’ for the purposes of the Roads (Scotland) Act 1984. The Hamilton case below provides a useful analysis of the definition of a road and a ‘public right of passage’ for the purposes of the Act.

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

A public right of way can only exist if it runs between two public places. What is a ‘public place’ for this purpose is one of the most difficult issues in rights of way cases. Lord Moncrieff’s statement in Marquis of Bute v McKirdy & McMillan is frequently quoted:

“a public place is one to which the public have right of access, which the public have right to occupy and which in fact the public do occupy by a practice of resort”

Lord Moncrieff

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 #

Need for a particular line for public rights of way #

Different kinds of use of rights of way #

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

Public and private rights of way – ancillary rights and burdens #

Obstruction of rights of way #

Procedural issues #

Navigation rights and rights in relation to the foreshore. #

This Part covers cases concerning navigation rights and rights in relation to the foreshore.

In 2003 The Scottish Law Commission published a report (Report on Law on the Foreshore and Seabed) in which they recommended that public rights that are exercisable on the foreshore, sea, seabed and inland waters should be placed on a proper statutory footing, and enforced by local authorities. The Commission recognised that some of the existing rights (e.g. the right of recreation on the foreshore) are equivalent to access rights under the Land Reform (Scotland) Act 2003. They said that this caused confusion and therefore that the public rights that existed before the 2003 Act should be abolished insofar as they duplicated rights under the 2003 Act. However, no action has been taken, to date, to implement these recommendations. The Report and previous discussion paper both provide valuable background to this subject.

Cases in Ken cover the following areas:

Navigation rights #

Position at common law
There is a presumption in law that there is a right of public navigation on tidal waters, including the sea, sea lochs, tidal rivers, and the foreshore of the sea and tidal rivers. The right of navigation is primarily a right of passage, but there are also rights that are incidental to the right of navigation. In tidal waters, these incidental rights include making use of the foreshore for beaching craft, loading or unloading goods, and drying nets.

Rights of navigation on non-tidal inland waterways – rivers and lochs – can be created by prescription, in a similar way to rights of way on land. However, there are some differences in the legal conditions required for establishing rights of navigation. Rights of navigation take twice as long (40 years) to establish; they cannot be lost for lack of use and can only be extinguished by Acts of Parliament; and there is no requirement to have ‘public place’ end points. A right of navigation can only be established on rivers or lochs which are physically navigable, so there can be no right of navigation where craft have to be removed from the water for portages. Once established, a right of navigation on a river is for travel in either direction. In cases where navigation rights apply on non-tidal waters, incidental rights are more restricted than in the case of tidal waters. This is because there is no foreshore and the banks are likely to be in private ownership.

Rights under Part 1 of the Land Reform (Scotland) Act 2003
The 2003 Act now provides a right of access on all inland water for non-motorised craft, subject to exclusions in the Act and provided that the rights are exercised responsibly in accordance with the Scottish Outdoor Access Code. However, rights of navigation continue to be important, particularly for motorised boats.

Rights in relation to the foreshore #

The foreshore is the part of the shore of the sea and tidal rivers and lochs between the high and low watermarks of spring tides. It usually belongs to the Crown. However, over the course of time, large sections of the foreshore have been conveyed to adjoining proprietors.

The public has the usual rights of access on the foreshore under Part 1 of the Land Reform (Scotland) Act 2003. However, common law rights in relation to the foreshore existed before the 2003 Act, and provide more extensive public rights than are contained in the 2003 Act. In addition to the kind of activities that are covered by the 2003 Act (e.g. walking, bathing, picnicking and playing games) the common law gives the public the right to light fires, fish in the sea, gather shellfish, and shoot wildfowl above the foreshore or sea. These additional rights at common law only apply to the foreshore of the sea and other tidal waters, and so do not apply to the banks of non-tidal waters.

Access is available to the foreshore by boat from the sea, but the public can only use the foreshore from the landward side if there is a legitimate means of access by land. Access rights under the 2003 Act will now usually provide such a means of access, but not for motorised vehicles which are excluded from the Act. In the past, the need for access led to many disputes about whether there was a right of way to the foreshore. A particular point on the foreshore can become a ‘public place’ in the sense of being a proper terminus for a right of way if the public have been in the habit of resorting to it for a particular purpose such as fishing, loading or unloading vessels, or bathing and recreation.

Liability. #

Occupiers of land have a duty under the Occupiers Liability (Scotland) Act 1960 to take reasonable care for the safety of people coming onto their land. ‘Occupiers’ include landowners and others who have control of the land, such as tenants. As will be seen from the cases, occupiers are not usually liable when people are injured as a result of natural hazards on the land, provided that the dangers are obvious. However, liability is more likely to arise where children are involved. The issue of liability has been a concern raised by land managers as part of the introduction of statutory access rights, but section 5(2) of the 2003 Act clarifies that the duty of care owed by an occupier to another person on the land is not affected by this part of this Act or by its operation. There is a caveat for a compulsory path order made by a local authority under Section 22(1), whereby at section 22(4) regard may be had to whether the local authority has control of the path for the purposes of the Occupiers Liability (Scotland) Act 1960.

Occupiers may be liable if people are injured on the premises of facilities that they provide for visitors, such as toilets. But liability will only arise if the injuries are the result of the occupier’s negligence.

Special provisions may apply in relation to accidents caused by animals.

This Part also includes cases relating to liability of one recreational user to another, and cases relating to contributory negligence, i.e. where it is claimed that the claimant is partly or wholly responsible for his own injuries – leading to a reduction in any compensation awarded.

See also Scottish Natural Heritage’s publication A Brief Guide to Occupiers’ Legal Liabilities in Scotland.

Cases in Ken cover the following areas:

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

Occupiers’ liability: Cases involving children #

Occupiers’ liability: Cases involving facilities/indoor #

Cases involving animals #

Cases under this heading may involve not only the Occupiers Liability (Scotland) Act 1960 but also the Animals (Scotland) Act 1987 or the common law of negligence. The 1987 Act imposes strict liability (i.e. without the need to prove negligence) on the owners of animals which by their physical attributes or characteristics are likely to injure severely or kill people or other animals. Dogs are deemed to fall within that description in cases where they bite, savage, attack or harry a person or other animal.

Liability of recreational users to one another #

Cases relating to contributory negligence #

Other cases of interest. #

Reported Cases #

Each reported court case is tagged to show which of the above areas it relates to. You can use these tags, shown at the bottom of a court case, to find other cases that cover the same area of interest:

Most of the cases listed are reported in various official law reports, which contain the full texts of the judges’ opinions and summaries of the facts and the legal arguments on each side. The report reference consists of the year of the report followed by identifying letters for the series of reports and a page reference (e.g. 1945 SC 302 for a case reported in Session Cases in 1945). In addition, there are summarised reports (such as GWD – Greens Weekly Digest, and CLY – Current Law Yearbook) which only contain brief summaries of cases. In many recent cases, the full texts of judges’ opinions are also available on official court websites and references to these are also given, with the relevant court reference numbers, where available. The case report references enable lawyers to look up the full reports in the appropriate volumes in law libraries, but non-lawyers will probably find it easier to use the online court website references for recent cases. There is often additional information or comment available on the Internet.

Where a related case is available in Ken you can click on it to be taken to that case. Where a related case is not recorded in Ken the words “Not in Ken” confirm this.

Case Law Land Reform (Scotland) Act 2003, Case Law Liability, Case Law Navigation rights and rights in relation to the foreshore, Case Law other cases of interest, Case Law Public rights of way and private servitude rights of way, Court Case
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Updated on 4 January 2022

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Table of Contents
  • Introduction
    • Cases under the Land Reform (Scotland) Act 2003.
    • Public rights of way and private servitude rights of way.
      • Relationship of public rights of way with private servitude rights of way and with ‘roads’ under the Roads (Scotland) Act 1984
        • Relationship of Public rights of way and private servitude rights of way
        • Public rights of way and ‘roads’ under the Roads (Scotland) Act 1984
      • 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
      • Need for a particular line for public rights of way
      • Different kinds of use of rights of way
      • Rights of way – land owned by statutory undertakers or the Crown.
      • Public and private rights of way – ancillary rights and burdens
      • Obstruction of rights of way
      • Procedural issues
    • Navigation rights and rights in relation to the foreshore.
      • Navigation rights
      • Rights in relation to the foreshore
    • Liability.
      • Occupiers’ liability: Cases involving ‘hazards’ in the outdoors
      • Occupiers’ liability: Cases involving children
      • Occupiers’ liability: Cases involving facilities/indoor
      • Cases involving animals
      • Liability of recreational users to one another
      • Cases relating to contributory negligence
    • Other cases of interest.
  • Reported Cases
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The Scottish Rights of Way & Access Society. Upholding Public Access.
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