Lecture notes

Property Law - Lecture 5 - Public Access and the Right to Roam

0 purchase

Module
Property Law (LAW08118)

Institution
Edinburgh Napier University (ENU)

Lecture notes for property law with case descriptions. Author achieved a first-class grade in the module.

[Show more]

Preview 1 out of 3 pages

View example

Uploaded on June 1, 2024
Number of pages 3
Written in 2019/2020
Type Lecture notes
Professor(s) Ken dale-risk
Contains Lecture 5

£3.99

Also available in package deal from £16.99

Add to cart

Add to wishlist

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

Also available in package deal (1)

Property Law (LAW08118)

£ 64.87 £ 16.99 14 items

1. Lecture notes - Property law - lecture 4 - common interests
2. Lecture notes - Property law - lecture 5 - public access and the right to roam
3. Lecture notes - Property law - lecture 7 - property registers
4. Lecture notes - Property law - lecture 3 - co-ownership
5. Lecture notes - Property law - lecture 3 - co-ownership
6. Lecture notes - Property law - lecture 5 (part 2) - ownership of land
7. Lecture notes - Property law - lecture 2 - original acquisition of property
8. Lecture notes - Property law - lecture 4 (part 2) - tenements (scotland) act 2004
9. Lecture notes - Property law - lecture 9 - statutory leases
10. Lecture notes - Property law - lecture 1 - introduction to property law
11. Lecture notes - Property law - lecture 6 (part 2) - servitudes
12. Lecture notes - Property law - lecture 6 - real burdens and conditions
13. Lecture notes - Property law - lecture 8 - common law leases
14. Exam (elaborations) - Property law past paper with model answers 2019/2020
Show more

Lecture 5 – Public Access and the Right to Roam
Right to Roam

• Land Reform (Scotland) Act 2003 – primarily gives people access to private land for certain
purposes. Those purposes generally come under the heading “right to rule”. A great deal of
Scotland even in the countryside is owned by private individuals. If those private individuals
could enforce their ownership right to the extent of keeping off all trespassers, then that
would knock out vast tracks of Scotland for being able to use for camping and other activities.

• Access rights to be on, or to cross land

• Gave people the right to go onto private land for generally three specified purposes:

• Recreational – hill walking, mountaineering, activities on water etc. bikes but nothing
with an engine. Powered by human.

• carrying on a relevant educational activity – social or cultural heritage

• carrying on an activity commercially or for profit – effectively to allow mountain
guides, outdoor instructors etc. to earn their living. Taking out a group of walkers up
a mountain or outdoor expedition.

Much stronger rights in England to fence off people from their land.

Excluded Land

Access rights may be exercised above, below and on the surface of land, including bridges, inland
waters, canals and the foreshore.

s6 of 2003 Act lists various categories of land over which access rights may not be exercised.

• Scottish Outdoor Access Code

• sufficient adjacent land

• Gloag v Perth & Kinross Council 2007 SCLR 530

Anne Gloag acquired a castle in Kinross which is just outside of Perth. It is the local council
which is responsible for regulating land ownership in terms of the right to roam and the 2003
Act. Anne Gloag applied to the council to have an area of around 11 acres surrounding Kinross
Castle effectively fenced off. Excluded from land to which the public would have the right to
access. right to access. The question for the sheriff was whether that was excessive or
reasonable. It came down to whether 11 acres could be deemed sufficient adjacent land. Anne
Gloag put forward arguments about privacy and also about safety, being very rich and
relatively famous, she had good reason to keep people at a reasonable distance in order to
keep her privacy and safety. Those arguments were successful, and she was given the ability
to keep the 11 acre area out of public access.

• Snowie v Stirling Council 2008 GWD 13-244

He owned a large estate close to Stirling, made money in waste disposal. He wanted to fence
off his entire estate, 100 acres, this was not allowed. Some of the fences or gates he wanted

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller FirstClassLawEssentials. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £3.99. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

68175 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 15 years now

Start selling