Scottish Rights of Way & Access Society

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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
  • Traveller Routes

Traveller Routes

Gypsies and Travellers in Scotland

Gypsies and Travellers are a significant although often hidden part of the Scottish population. They have played an important role in our history, at one time supplying invaluable services and goods to farms and households across Scotland. In the past itinerant people were valued not only for their craft skills, but for the news, stories and songs that they brought into communities. These stories, songs and news from other communities would have been repeated in households long after Travellers had departed. As lifestyles have changed, as news and stories have become delivered through radio, television and the internet and as literacy has eroded oral traditions these stories and songs, once part of our collective culture, were generally lost. Travellers continue to play a significant part, connecting us to this shared past in their role as tradition bearers; keeping alive traditional stories and songs that were once heard in every household.

The origins of Gypsies and Travellers

No one knows for sure where Gypsies and Travellers in Scotland originate from, as their place here predates written history. A number of theories are commonly put forward. One is that there are at least two groups with distinct origins: firstly indigenous Travellers descended from Iron Age cairds (Gaelic ceardan), who were itinerant craft workers to the Celtic peoples, with skills in horse training and metal work, and a later, second group of Gypsies of Romany origin who appear in early written records from around 1470 introducing themselves to King James IV as the Earls of Little Egypt. In contrast Jess Smith, in her book The Way of the Wanderers, outlines a theory that the reference to “Little Egypt” is not as cryptic as it has been taken to be and that all Travellers have common descent from Egypt. Wherever Travellers came from, a number of skills and attributes seem to have been of particular importance. These include skills with horses and in metalworking (from which the name Tinker or Tinkler derived as metalworkers carrying all their wares made a tinkling sound as they walked), a distinct language (whether Parlyee, Cant or the Beurla Reagaird), storytelling, music and song as well as a nomadic lifestyle. Gypsies and Travellers made a lot of sacrifices for the freedom of the road; often suffering persecution and needing to live by their wits. Without the security of a permanent home or occupation Travellers have made a living from the land, but have also enjoyed the freedom of the land and taken great joy in the natural world.

The summer walkers

On foot, pushing handcarts or with a horse and cart, Gypsies and Travellers traversed the length and breadth of Scotland for hundreds of years. Shifting from place to place they have spent the summer, from when the broom flowered through to when the last tattie had been howked in October, wandering, earning them the name the summer walkers. In winter they would settle in a house or in a tent, usually in a place to which they would regularly return. Children were schooled over the winter, but in the summer, they would travel from place to place, pick berries, howk tatties, buy and sell around villages and towns. Many made wares to sell from door to door, including horn spoons, tinware, clothes pegs and baskets.

Timothy Neat, in his book The Summer Walkers devotes a small section to the routes taken by Gypsies and Travellers and describes them as follows: “These traditional routes follow ancient tracks through gaps in the mountains which are historically much older than the roads laid out by military builders like General Wade, and the drove roads along which Highland cattle were moved to the Lowland markets. The Travellers had to get to where people were – in doing this they followed prime routes, first developed in the Neolithic period.”

Traveller routes took them from one campsite and from one settlement to the next. Many families had a few set routes that they travelled each year, while others had a far larger range of routes. Many of these routes are of a great length and would have been travelled over a number of months, with regular stops for work at farms or in communities along the way. Although there are still many Gypsies and Travellers within the Scottish population today, restrictions made to stopping places and the loss of traditional camping grounds mean that for many their lifestyles have changed. Few Travellers still tramp these old routes, but you can hopefully get a feel of the freedom that was so cherished by Travellers as you follow in their footsteps.

Where and when these routes are from

To some extent all the routes described here come from a fairly short window of time. Traveller paths have been, of course, little recorded and Traveller routes are not specifically featured on maps. Timothy Neat may suggest a Neolithic date to these routes but there’s no evidence for that, evidence for many of these routes comes primarily from place names where the Tinker’s Road is almost as common as the Old Drove Road. There are also some memoirs and dedicated collectors of memories from the 20th century who have captured stories of Travellers on the road if not necessarily the exact route that they took. These together bring to light a hugely significant element of a culture of travelling and Traveller culture in Scotland.

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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.
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