PART C - pre-seen Flashcards
1
Q
What is right of responsible access?
A
Right for people to go where they please, subject to a few exceptions in Scotland
2
Q
Right of access authority
A
s.1(3) Land Reform (Scotland) Act 2003
3
Q
Is right of wild camping included in responsible access?
A
Yes
4
Q
Authority for camping
A
Scottish Outdoor Access Code
5
Q
What provision protects Duncan’s land?
A
Land cannot be accessed if it prevents the owner from privacy or general enjoyment of their property
6
Q
Authority for enjoyment
A
s.6(1) Land Reform 2003
7
Q
What criminal claim could Duncan make against
A
Trespassing, crime to camp on private property unless expressly allowed
8
Q
Authority for trespassing
A
Trespass (Scotland) Act 1865
9
Q
Self-help remedy of trespassing?
A
Physically remove the people
10
Q
Authority for physical removal
A
Bell v Shand 1870
